Blackshear v. Cincinnati Adult Parole Authority et al

Filing 6

ORDER by Judge Michael R. Barrett ADOPTING 4 REPORT AND RECOMMENDATIONS. Plaintiff's complaint against Defendants parole officers David Matulavich, Kevin (NLN), and Amanda (NLN) are permitted to proceed on Plaintiff's Fourth Amendment cl aim. Plaintiff's complaint is DISMISSED in all other respects because it seeks relief against Defendants who are immune from such relief and because it fails to state a claim upon which relief may be granted. The Court certifies that an appeal of this order would not be taken in good faith. (eh1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
Keon Blackshear,
Plaintiff,

Case No.: 1:11-cv-212

v.

Judge Michael R. Barrett

Cincinnati Adult Parole Authority, et al,
Defendants.
ORDER
This matter is before the Court on the Report and Recommendation (“Report”)
filed by Magistrate Judge Karen L. Litkovitz on April 22, 2011 (Doc. 4). Proper notice
has been given to the parties under 28 U.S.C. § 636(b)(1)(C), including notice that the
parties would waive further appeal if they failed to file objections to the Report in a
timely manner. See United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981). 1
No objection to the Report has been filed.
Having reviewed this matter de novo pursuant to 28 U.S.C. § 636, this Court
finds the Report to be correct. Accordingly, it is ORDERED that the Report is hereby
ADOPTED. As the Report recommends (Doc. 4, 6–7), the following is ORDERED:
•

Plaintiff’s complaint against Defendants parole officers David Matulavich, Kevin
(NLN), and Amanda (NLN) are permitted to proceed on Plaintiff’s Fourth
Amendment claim.

1

Notice was attached to the Report regarding objections. (Doc. 4, 8.)

1

•

Plaintiff’s complaint is DISMISSED in all other respects because it seeks relief
against Defendants who are immune from such relief and because it fails to state a
claim upon which relief may be granted.

•

The Court certifies under 28 U.S.C. § 1915(a)(3) that for the reasons detailed in the
Report, an appeal of this Order would not be taken in good faith. See McGore v.
Wrigglesworth, 114 F.3d 601 (6th Cir. 1997).
IT IS SO ORDERED.
s/Michael R. Barrett
United States District Judge

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