Rutherford v. Warden, Southern Ohio Correctional Facility et al

Filing 15

ORDER adopting Report and Recommendation re 5 Report and Recommendation; defendants Morgan, Green, Col, Nolan and Williamson are dismissed as named Defendants; any ruling re 7 Motion for Leave to File an Amended Complaint shall be made by the Magistrate Judge. Signed by Judge Michael R. Barrett on 5/18/15. (ba)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
KENNETH J. RUTHERFORD, JR.,

Case No.: 1:15CV164

PLAINTIFF,

Judge Michael R. Barrett

v.

WARDEN, SOUTHERN OHIO
CORRECTIONAL FACILITY, et al.,
DEFENDANTS.
ORDER
This matter is before the Court on the Report and Recommendation filed by the
Magistrate Judge on March 23, 2015. (Doc. 5).
Proper notice has been given to the parties under 28 U.S.C. § 636(b)(1)(C), including
notice that the parties would waive further appeal if they failed to file objections to the Report
and Recommendation in a timely manner. United States v. Walters, 6348 F.2d 947 (6th Cir.
1981). No objections to the Magistrate Judge’s Report and Recommendation have been filed.
Upon review, it is hereby ORDERED that the Report and Recommendation (Doc. 5) is
ADOPTED. Consistent with the Report and Recommendation, the following claims are hereby
DISMISSED: (1) plaintiff’s claims for injunctive relief; (2) any claim against defendants
Jackson and Williamson based on allegations of a verbal altercation and harassment that
occurred at SOCF on July 3, 2014; (3) any claims against defendants Jackson and Williamson
based on allegations that Jackson “fabricated a story,” which was corroborated by Williamson, to
justify his use of force against plaintiff on July 3, 2014; (4) any claim against defendants
Morgan, Greene, Cool, Nolan or Williamson based on any of the incidents that form the bases

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for plaintiff’s claims that have been allowed to proceed against the other named defendants; and
(5) plaintiff’s conclusory claim that he has “been a target” of harassment ever since he was first
placed in state custody and that after an incident that occurred in September 2008, he has “been
tortured, set up, sexually assaulted, harassed, and racially profiled.”

Further, the defendants

Morgan, Greene, Cool, Nolan, and Williamson are hereby DISMISSED as named Defendants in
this action consistent with the Report. Any ruling on Plaintiff’s motion for leave to file an
amended complaint (Doc. 7) will be made subsequent to this Order by the Magistrate Judge.
IT IS SO ORDERED.
s/Michael R. Barrett
JUDGE MICHAEL R. BARRETT
UNITED STATES DISTRICT COURT

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