Easley v. Judd et al

Filing 14

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 5 Report and Recommendations:The following defendants are dismissed from this action since plaintiff has failed to state a claim upon which relief may be granted against them in this Court: Donald M organ; Anthony Cadogan; Fiasal Ahmed; Linnea Mahlman; Gary Croft; John Kasich; Michael Jenkins; Joanna Saul; C/O Distel; Larry Greene; Walter Sammons; Dr. John Desmarais; Mona Parks; Rosie Clagg; Chaplain York; Sue Bigham and Brian Felts. It is fur ther ORDERED that the complaint is DISMISSED with prejudice for failure to state a claim upon which relief can be GRANTED except to the extent that the following limited causes of action under 42 U.S.C. §1983 may proceed: (1) plaintiffs claim against defendants Dana Judd, Sara Warren and Lt. Frazie stemming from the ban allegedly placed by SOCFs mail room on plaintiffs receipt of music CDs and erotic magazines and books; (2) plaintiffs claim against defendants Gary C. Mohr, Wanza Jack son, ODRC Food Service Chief; and SOCF Food Service Provider for allegedly violating his First Amendment right to freely exercise his religion by enacting and implementing a cost-saving policy regarding the provision of kosher meals that has allo wed for certain non-kosher food items to be served at SOCF as part of the kosher meal; (3) plaintiffs Eighth Amendment claim against defendants Case Stone and Jason Azbel stemming from an incident that occurred on January 1, 2013 when plaintiff was allegedly burned by the use of mace on another inmate in his unite and was not permitted to wash the mace off or to receive immediate medical treatment for the burns; (4) plaintiffs claim against defendants Kathy Burns, Dirk Prise, Cynthia Dav is, Dr. Ford, Ms. Lehman and Bertha Goodman challenging his long-term placement in isolation as a substitute for treatment for his mental health problems, as well as the defendants failure to provide adequate mental health services to him. Signed by Chief Judge Susan J. Dlott on 4/25/2014. (jlw1) (Additional attachment(s) added on 4/25/2014: # 1 Certified Mail Receipt) (jlw1).

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

David Easley,
Plaintiff(s),
vs.
Dana Judd, et al.,
Defendant(s).

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Case Number: 1:14cv100
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 March 6, 2014 a Report and
Recommendation (Doc. 5). Subsequently, the plaintiff filed objections to such Report and
Recommendation (Doc. 10).
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, the following defendants are dismissed from this action since plaintiff has
failed to state a claim upon which relief may be granted against them in this Court: Donald
Morgan; Anthony Cadogan; Fiasal Ahmed; Linnea Mahlman; Gary Croft; John Kasich; Michael
Jenkins; Joanna Saul; “C/O Distel”; Larry Greene; Walter Sammons; Dr. John Desmarais; Mona
Parks; Rosie Clagg; Chaplain York; Sue Bigham and Brian Felts.
It is further ORDERED that the complaint is DISMISSED with prejudice for failure to

state a claim upon which relief can be GRANTED except to the extent that the following limited
causes of action under 42 U.S.C. §1983 may proceed: (1) plaintiff’s claim against defendants
Dana Judd, Sara Warren and Lt. Frazie stemming from the ban allegedly placed by SOCF’s mail
room on plaintiff’s receipt of music CDs and erotic magazines and books; (2) plaintiff’s claim
against defendants Gary C. Mohr, Wanza Jackson, “ODRC Food Service Chief”; and “SOCF
Food Service Provider” for allegedly violating his First Amendment right to freely exercise his
religion by enacting and implementing a cost-saving policy regarding the provision of kosher
meals that has allowed for certain non-kosher food items to be served at SOCF as part of the
kosher meal; (3) plaintiff’s Eighth Amendment claim against defendants Case Stone and Jason
Azbel stemming from an incident that occurred on January 1, 2013 when plaintiff was allegedly
burned by the use of mace on another inmate in his unite and was not permitted to wash the mace
off or to receive immediate medical treatment for the burns; (4) plaintiff’s claim against
defendants Kathy Burns, Dirk Prise, Cynthia Davis, Dr. Ford, Ms. Lehman and Bertha Goodman
challenging his long-term placement in isolation as a substitute for treatment for his mental
health problems, as well as the defendants’ failure to provide adequate mental health services to
him. See 28 U.S.C. §§1915(e)(2)(B) and 1915(A)(b).
IT IS SO ORDERED.

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