Belcher v. Warden, Southern Ohio Correctional Facility et al

Filing 9

ORDER adopting Report and Recommendation 5 . Complaint against Facility Warden Donald Morgan is Dismissed for failure to state a claim. Application for Default Judgment is Denied. This case is recommitted to the United States Magistrate Judge for further proceedings. Signed by Judge Herman J. Weber on 2/25/13. (do1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

LARRY BELCHER,
Plaintiff
v.

C-1-12-985

WARDEN, SOUTHERN OHIO
CORRECTIONAL FACILITY, et al.,
Defendants

ORDER
This

matter

is

before

the

Court

upon

the

Report

and

Recommendation of the United States Magistrate Judge (doc. no. 5) to
which neither party has objected.
Upon a de novo review of the record, the Court finds that the Judge
has accurately set forth the applicable law and has properly applied it to
the particular facts of this case. Accordingly, in the absence of any
objection by plaintiff, this Court accepts the Report as uncontroverted.

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The Report and Recommendation of the United States Magistrate
Judge (doc. no. 5) is hereby ADOPTED AND INCORPORATED HEREIN BY
REFERENCE. Plaintiff’s Complaint against Southern Ohio Correctional
Facility Warden, Donald Morgan, (doc. no. 3) is DISMISSED for failure to
state a claim upon which relief may be granted under 42 U.S.C. § 1983.

See 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b).
On January 31, 2013, plaintiff filed an Application for Default
Judgment (doc. no. 7) against the remaining defendants.

Those

defendants have not been served with summons. The Application (doc.
no. 7) is DENIED.
This case is RECOMMITTED to the United States Magistrate for
further proceedings according to law.
IT IS SO ORDERED.
s/Herman J. Weber
Herman J. Weber, Senior Judge
United States District Court

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