govinfo:USCOURTS-ohsd-2_26-cv-00378-1

UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF OHIO 
EASTERN DIVISION 
 
SALVATORE J. SOWELL,  
  
Plaintiff, 
       Case Number 2:26-cv-378 
v.     Judge Edmund A. Sargus, Jr.  
       Magistrate Judge Chelsey M. Vascura 
THE FRANKLIN COUNTY SHERIFF’S  
ADMIN., et al., 
  
Defendants. 
 
ORDER 
 
This matter is before the Court on the Report and Recommendation issued by the 
Magistrate Judge on April 1, 2026. (ECF No. 4.) The Magistrate Judge recommends that the 
Court deny Plaintiff Salvatore J. Sowell’s motion for leave to proceed in forma pauperis (ECF 
No. 1) and order Plaintiff to pay the required filing fee of $405. (ECF No. 4.) 
In March 2026, Plaintiff, an Ohio inmate proceeding pro se, sued Defendants Franklin 
County Sheriff’s Admin.; Franklin County, Ohio; and State of Ohio under 42 U.S.C. § 1983. 
(ECF No. 1-1.) He also moved for leave to proceed in forma pauperis. (ECF No. 1.)  
The Magistrate Judge explained that Congress has restricted a prisoner’s right to proceed 
in forma pauperis through 28 U.S.C. § 1915(g), which provides: 
In no event shall a prisoner bring a civil action or appeal a judgment in a civil action 
or proceeding under this section if the prisoner has, on 3 or more prior occasions, 
while incarcerated or detained in any facility, brought an action or appeal in a court 
of the United States that was dismissed on the grounds that it is frivolous, malicious, 
or fails to state a claim upon which relief may be granted, unless the prisoner is 
under imminent danger of serious physical injury.  
(ECF No. 4, PageID 22.) 
The Magistrate Judge determined that Plaintiff is a “three striker” as contemplated in 
§ 1915(g) due to at least three lawsuits he filed that have been dismissed as frivolous or for 
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failure to state a claim pursuant to 28 U.S.C. § 1915(e). (ECF No. 4, PageID 23 (citing Sowell v. 
United States of America, Case No. 2:23-cv-1683; Sowell v. The Huntington Bank, Case No. 
2:23-cv-4250; Sowell v. United States of America, et al., Case No. 2:25-cv-3).) As such, the 
Magistrate Judge explained that Plaintiff may not proceed in forma pauperis unless he falls 
within the exception set forth in § 1915(g), which applies to prisoners who are “under imminent 
danger of serious physical injury.” (Id.) The Magistrate Judge concluded that Plaintiff’s filings 
do not plausibly allege he meets this statutory exception. (Id.) 
Accordingly, the Magistrate Judge recommended that the Court (1) deny Plaintiff’s 
motion for leave to proceed in forma pauperis; (2) order Plaintiff to pay the full $405 filing fee 
within 30 days of the date of the Court’s Order adopting the Report and Recommendation; 
(3) advise Plaintiff that his failure to timely pay the full $405 filing fee within 30 days will result 
in the dismissal of this action; and (4) certify pursuant to 28 U.S.C. § 1915(a)(3) that an appeal 
of any Order adopting the Report and Recommendation would not be taken in good faith. (ECF 
No. 4, PageID 23–24.) 
Once a magistrate judge issues a report and recommendation, the relevant statute 
provides: 
Within fourteen days after being served with a copy, any party may serve and file 
written objections to such proposed findings and recommendations as provided by 
rules of court. A judge of the court shall make a de novo determination of those 
portions of the report or specified proposed findings or recommendations to which 
objection is made. 
 
28 U.S.C. § 636(b)(1). The failure to file written objections to a magistrate judge’s report and 
recommendation waives a de novo determination by the district court of any issues addressed in 
the report and recommendation. See United States v. Walters, 638 F.2d 947, 949–50 (6th Cir. 
1981). 
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Plaintiff was advised of his right to object to the Report and Recommendation and of the 
consequences of failing to do so. (ECF No. 4, PageID 24.) Plaintiff did not object to the Report 
and Recommendation.  
Accordingly, the Court ADOPTS and AFFIRMS (ECF No. 4) the Magistrate Judge’s 
Report and Recommendation. The Court DENIES (ECF No. 1) Plaintiff Salvatore J. Sowell’s 
motion for leave to proceed in forma pauperis. Plaintiff is ORDERED to pay the full $405 filing 
fee ($350 filing fee, plus $55 administrative fee) required to commence this action WITHIN 30 
DAYS of the date of this Order. Plaintiff is ADVISED that his failure to timely pay the full $405 
fee within 30 days will result in the dismissal of this action. The Court CERTIFIES pursuant to 
28 U.S.C. § 1915(a)(3) that an appeal of this Order would not be taken in good faith. 
The Clerk is DIRECTED to mail a copy of this Order to Plaintiff Salvatore J. Sowell at 
2551 Fisher Road, Columbus, Ohio 43204. 
This case remains open. 
IT IS SO ORDERED. 
6/4/2026      s/Edmund A. Sargus, Jr.    
DATE       EDMUND A. SARGUS, JR. 
       UNITED STATES DISTRICT JUDGE 
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