Bishop v. Sheriff Hamilton County et al

Filing 19

ORDER adopting Report and Recommendations [4 & 10]. Plaintiff's due process and 4th Amendment claims are DISMISSED with prejudice. This case is recommitted to the Mag. Judge. Signed by Judge Herman J. Weber on 12/4/13. (mb)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

JASON BISHOP,
Plaintiff
v.

C-1-13-258

SHERIFF HAMILTON COUNTY,
et al.,
Defendants

ORDER
This

matter

is

before

the

Court

upon

two

Reports

and

Recommendations of the United States Magistrate Judge. The first
Report and Recommendation (doc. no. 4) recommended dismissal of the
Complaint pursuant to 28 U.S.C. §§ 1915(e((2)(B) and 1915A(b), to which
the plaintiff objected (doc. no. 9) and submitted a Motion to Amend or
Correct his Complaint with a tendered Amended Complaint (doc. no. 8).
The Magistrate Judge granted the Motion by Order and submitted a
second Report and Recommendation (doc. no. 10) recommending
plaintiff’s due process and Fourth Amendment claims be dismissed with
prejudice. Because plaintiff alleged in his Amended Complaint that his

2
legal materials and medical records were destroyed pursuant to the
defendant Sheriff’s policy, and he has suffered actual injury as a result,
the Magistrate Judge also recommended his First Amendment claim may
proceed.
Upon a de novo review of the record, the Court finds that the
Magistrate 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 the plaintiff, this Court accepts the
Recommendations as uncontroverted.
The Reports and Recommendations of the United States Magistrate
Judge (doc. nos. 4 and 10) are hereby ADOPTED AND INCORPORATED
HEREIN BY REFERENCE. Plaintiff’s due process and Fourth Amendment
claims are DISMISSED WITH PREJUDICE on the ground that these claims
fail to state a claim upon which relief may be granted and only his First
Amendment claim may proceed.

3
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