govinfo:USCOURTS-ohsd-3_25-cv-00281-1

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UNITED STATES DISTRICT COURT 
FOR THE SOUTHERN DISTRICT OF OHIO 
WESTERN DIVISION AT DAYTON 
 
RICCO MAYE, 
 
 Plaintiff, 
 
 v. 
 
JOHN HUI LI, 
 
 Defendant. 
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Judge Thomas M. Rose 
 
Magistrate Judge Peter B. Silvain, Jr. 
 
 
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ENTRY AND ORDER ADOPTING REPORT AND RECOMMENDATION 
(DOC. NO. 12) AND DISMISSING ACTION 
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 The Court has reviewed the Report and Reco mmendation (Doc. No. 12) of United States 
Magistrate Judge Peter B. Silvai n, Jr., to whom this case was referred pursuant to 28 U.S.C. § 
636(b). Therein, Magistrate Judge Silvain opines that Plaintiff Ricc o Maye has failed to state a 
claim under 42 U.S.C. § 1983. (Doc. No. 12 at PageID 114-15.) In particular, Magistrate Judge 
Silvain notes that Plaintiff has not established Defendant John Hui Li as a state actor, a necessary 
element of any Section 1983 claim. ( Id.) Consequently, Magistrate Judge Silvain has 
recommended that the Court dismiss this action in its entirety. 
 Noting that no objections have been filed regarding the Report and Recommendation, and 
that the time for filing such objections under Fed. R. Civ. P. 72(b) has expired, the Court hereby 
ADOPTS Magistrate Judge Silvain’s Report and Recommendation (Doc. No. 12). Accordingly, 
this action is hereby DISMISSED and the Clerk is directed to TERMINATE this matter on the 
Court’s docket. The Court further CERTIFIES, pursuant to 28 U.S.C. § 1915(a)(3), that any 
Case: 3:25-cv-00281-TMR-PBS Doc #: 13 Filed: 06/04/26 Page: 1 of 2 PAGEID #: <pageID>
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appeal of this Order would not be taken in good faith and Plaintiff is hereby DENIED leave to 
appeal in forma pauperis. 
 DONE and ORDERED in Dayton, Ohio, this Thursday, June 4, 2026. 
s/Thomas M. Rose 
 ________________________________ 
THOMAS M. ROSE 
 UNITED STATES DISTRICT JUDGE 
Case: 3:25-cv-00281-TMR-PBS Doc #: 13 Filed: 06/04/26 Page: 2 of 2 PAGEID #: <pageID>

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