Harris v. Warden, Lebanon Correctional Institution et al
Filing
11
ORDER by Chief Judge Susan J. Dlott ADOPTING REPORT AND RECOMMENDATION; plaintiffs complaint is DISMISSED with prejudice since it fails to state a claim upon which relief may be granted. The Court certifies pursuant to 28 USC Sec 1915(a)(3) that an appeal of any Court Order adopting the Report and Recommendation will not be taken in good faith. (vp)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
Robert Lee Harris, Jr.,
Plaintiff(s)
vs.
Warden, Lebanon Correctional
Defendant(s)
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Case Number: 1:12cv13
Chief Judge Susan J. Dlott
ORDER
This matter is before the Court pursuant to the Order of General Reference in the United States
District Court for the Southern District of Ohio Western Division to United States Magistrate Judge
Karen L. Litkovitz. Pursuant to such reference, the Magistrate Judge reviewed the pleadings and filed
with this Court on January 31, 2012 a Report and Recommendation (Doc. 4). Subsequently, the plaintiff
filed objections to such Report and Recommendation (Doc. 7).
The Court has reviewed the comprehensive findings of the Magistrate Judge and considered de
novo all of the filings in this matter. Upon consideration of the foregoing, the Court does determine that
such Recommendation should be adopted.
Accordingly, the complaint/petition is DISMISSED with prejudice since it fails to state a claim
upon which relief may be granted.
The Court certifies pursuant to 28 U.S.C. ยง 1915(a)(3) that an appeal of any Court Order
adopting the Report and Recommendation will not be taken in good faith. See McGore v.
Wrigglesworth, 114 F.3d 601 (6th Cir. 1997).
IT IS SO ORDERED.
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___s/Susan J. Dlott___________
Chief Judge Susan J. Dlott
United States District Court
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