Rice v. Jones

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION - CINCINNATI NATHANIEL D. RICE, : Case No. 1:21-cv-611 Plaintiff, Judge Matthew W. McFarland Magistrate Judge Stephanie K. Bowman vs. SHERIFF RICHARD K. JONES, et al. Defendants.

ORDER ADOPTING REPORT AND RECOMMENDATION (Doc. 12), OVERRULING OBJECTION, RECOMMENDATION (Doc. 7), AND TERMINATING CASE FROM DOCKET

The Court has reviewed the Report and Recommendation (Doc. 12) of United States Magistrate Judge Stephanie K. Bowman, to whom this case is referred pursuant to 28 U.S.C. § 636(b). In the Report, Judge Bowman recommends dismissing the claims against Defendant State Troopers with prejudice for failure to state a claim. The Report also recommends dismissing the remaining claims without prejudice to re-file a separate action or actions including those claims. Plaintiff filed objections to the report. (Doc. 15.) As required by 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72(b), the Court has made a de novo review of the record in this case. Upon such review, the Court finds that Plaintiff's Objections are not well-taken and are accordingly OVERRULED. The Court ADOPTS the Report and Recommendation in its entirety. The Court orders as follows:

(1) DISMISSES WITH PREJUDICE Plaintiff's claims against Defendant State Troopers; (2) DISMISSES WITHOUT PREJUDICE all remaining claims; (3) DENIES AS MOOT the motion for preliminary injunction and/or a temporary restraining order; (4) CERTIFIES pursuant to 28 U.S.C. § 1915(e)(2)(B) that for the reasons in the Report, any appeal of this Order would not be taken in good faith and accordingly DENIES LEAVE to Plaintiff to appeal in forma pauperis. See McGore v. Wrigglesworth, 114 F.3d 601 (6th Cir. 1997); and (5) TERMINATES this case from the docket. IT IS SO ORDERED. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO W th 0 efile By: JUDGE MATTHEW W. McFARLAND