PATRICIA A. GRANT, PH.D. v. DEBORAH ELAINE GRANT SEABRON, PH.D, Individually and as Executor/Administrator of The Estate of Burnett Grant, et al.

Summary

The United States District Court for the Southern District of Ohio overruled the plaintiff’s objections and adopted the magistrate judge’s recommendation denying her application to proceed in forma pauperis. The court ordered payment of the filing and administrative fees by March 31, 2026, warned that nonpayment could result in dismissal, and denied leave to appeal in forma pauperis.

Holdings

1. The plaintiff's objections were properly overruled because the report and recommendation was not clearly erroneous or contrary to law.
2. The plaintiff's application to proceed in forma pauperis was denied.
3. The plaintiff was ordered to pay $405, consisting of the $350 filing fee and $55 administrative fee, by March 31, 2026, with notice that failure to pay could result in dismissal.
4. No appeal was presently available because the order was not a final appealable order and the plaintiff's claims remained pending; the court certified that an appeal would not be taken in good faith and denied leave to appeal in forma pauperis.

Questions Presented

1. Whether the plaintiff's objections to the magistrate judge's report and recommendation should be sustained.
2. Whether the plaintiff should be permitted to proceed in forma pauperis.
3. Whether the plaintiff should be ordered to pay the filing and administrative fees.
4. Whether the court could certify that an appeal would not be taken in good faith and deny leave to appeal in forma pauperis.

Disposition

other