Hughes v. Scioto County Sheriff's Department et al

Filing 39

ORDER by Chief Judge Susan J. Dlott ADOPTING REPORT AND RECOMMENDATION; action is dismissed with prejudice for failure to state a claim upon which relief may be granted as to defts Portsmouth Officers Taulbee, Herman, Clifford, McCain and Brown; to t he extent the amended complaint is construed as asserting the claims previously dismissed by the Court such claims are dismissed for the reasons stated in the Court of 10/3/13; court certifies an appeal of any Order will not be taken in good faith and denies plaintiff elave to appeal ifp. (vp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

Crystal D. Hughes,
Plaintiff(s),
vs.
Scioto County Sheriff’s Department, et al.,
Defendant(s).

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Case Number: 1:13cv569
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 Stephanie K. Bowman. Pursuant to such reference, the Magistrate Judge
reviewed the pleadings and filed with this Court on April 16, 2014 a Report and
Recommendation (Doc. 24). Subsequently, the plaintiff filed objections to such Report and
Recommendation (Doc. 26).
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, this action is hereby DISMISSED with prejudice for failure to state a claim
upon which relief may be granted as to Defendants Portsmouth Officers Tim Taulbee, Dale
Herman, Tyler Clifford, Kyle McCain and Eric Brown.
To the extent the amended complaint is construed as asserting the claims previously
dismissed by the Court, such claims are dismissed for the reasons stated in the Court’s Order of
October 3, 2013.

The Court certifies pursuant to 28 U.S.C. § 1915(a) an appeal of any Order will not be
taken in good faith and therefore DENIES plaintiff to appeal in forma pauperis.
IT IS SO ORDERED.

___s/Susan J. Dlott___________
Chief Judge Susan J. Dlott
United States District Court