Martin v. Mohr et al

Filing 22

ORDER adopting Report and Recommendation 4 . This case is recommitted to the United States Magistrate Judge for further proceedings. Signed by Judge Herman J. Weber on 8/10/12. (do1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

ROBERT L. MARTIN,
Plaintiff
v.

C-1-12-281

GARY MOHR, et al.,
Defendants
ORDER
This

matter

is

before

the

Court

upon

the

Report

and

Recommendation of the United States Magistrate Judge (doc. no. 4) to
which neither party has objected. The Magistrate Judge recommended
that plaintiff’s claims against defendants Gary Mohr, Timothy Brunsman,
Shay Harris, Tom Schweitzer, Lora Satterthwaite, Dan Hudson, Ben Dunn,
Richard Huggins and John Doe highway patrol investigator be dismissed
on the ground that they fail to state a claim upon which relief may be
granted under 42 U.S.C. § 1983.

2
CONCLUSION
Upon a de novo review of the record, the Court finds that the
Magistrate Judge has accurately set forth the controlling principles of
law and properly applied them to the particular facts of this case and
agrees with the Magistrate Judge.
Accordingly, the Court hereby ADOPTS AND INCORPORATES BY
REFERENCE HEREIN the Report and Recommendation of the United
States Magistrate Judge (doc. no. 20).

Plaintiff’s claims against

defendants Gary Mohr, Timothy Brunsman, Shay Harris, Tom Schweitzer,
Lora Satterthwaite, Dan Hudson, Ben Dunn, Richard Huggins and John
Doe highway patrol investigator are DISMISSED on the ground that they
fail to state a claim upon which relief may be granted under 42 U.S.C. §
1983. Plaintiff has alleged sufficient facts to state a claim for deliberate
indifference to serious medical needs and for withholding plaintiff’s
outgoing mail and magazine subscriptions and plaintiff’s Eighth
Amendment claim against John Doe dentist and First Amendment claims
against defendants Brian Bendel, Casey Barr and J.T. Hall may proceed.

3
This case is RECOMMITTED to the United States Magistrate Judge
for further proceedings according to law.
IT IS SO ORDERED.
s/Herman J. Weber
Herman J. Weber, Senior Judge
United States District Court