Sexton v. Neil et al

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 4 Report and Recommendations, Order: the complaint is DISMISSED for failure to state a claim upon which relief is granted to the extent that plaintiff (1) alleges defendant Neil is liable in hi s supervisory capacity for Jones and Smuckers alleged misconduct during the February 9, 2013 incident; (2) challenges the disciplinary action that was taken against him at HCJC for his involvement in the February 9, 2013 incident; and (3) claims that the defendants are liable under § 1983 for their negligence in failing to protect him from inmate assault.. Signed by Chief Judge Susan J. Dlott on 4/14/2014. (jlw) Modified on 4/14/2014 (jlw).

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
Jonathan Sexton,
Plaintiff(s),
vs.
Jim Neil, et al.,
Defendant(s).

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Case Number: 1:14cv26
Chief Judge Susan J. Dlott

ORDER
The Court has reviewed the Report and Recommendation of United States Magistrate Judge
Stephanie K. Bowman filed on January 16, 2014 (Doc. 4), to whom this case was referred pursuant
to 28 U.S.C. §636(b), and noting that no objections have been filed thereto and that the time for filing
such objections under Fed. R. Civ. P. 72(b) expired February 1, 2014, hereby ADOPTS said Report
and Recommendation.
Accordingly, the complaint is DISMISSED for failure to state a claim upon which relief is
granted to the extent that plaintiff (1) alleges defendant Neil is liable in his supervisory capacity for
Jones’ and Smucker’s alleged misconduct during the February 9, 2013 incident; (2) challenges the
disciplinary action that was taken against him at HCJC for his involvement in the February 9, 2013
incident; and (3) claims that the defendants are liable under § 1983 for their “negligence” in failing to
protect him from inmate assault. See 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b).
IT IS SO ORDERED.

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