DeNoma v. Kasich et al

Filing 36

ORDER ADOPTING 8 REPORT AND RECOMMENDATIONS :except for the limited official-capacity claim alleged in Count 3 against the Ohio Attorney General and the Ohio Department of Rehabilitation and Correction (ODRC) Director, the complaint portion of p laintiffs pleading (Doc. 1, at Page ID #29-36) is DISMISSED with prejudice pursuant to 28 U.S.C. §§1915(e)(2)(B) and 1915A(b) (1). The habeas petition portion of plaintiffs pleading (Doc. 1 at Page ID # 37-67) is DISMISSED without prejud ice to filing a petition or petitions in accordance with requirements set forth in Rule 2 of the Rules Governing Section 2254 Cases in the United States District Courts, 28 U.S.C. foll. §2254.. Signed by Judge Susan J. Dlott on 1/22/2016. (jlw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

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

Anthony J. Denoma,
Plaintiff(s),
vs.
Governor John R. Kasich, et al.,
Defendant(s).

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Case Number: 1:15cv594
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 November 2, 2015 a Report and
Recommendation (Doc. 8). Subsequently, the plaintiff filed objections to such Report and
Recommendation ( Doc. 23) and defendant Gary Mohr filed objections to the Report and
Recommendation (Doc. 30).
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, except for the limited official-capacity claim alleged in Count 3 against the
Ohio Attorney General and the Ohio Department of Rehabilitation and Correction (ODRC)
Director, the complaint portion of plaintiff’s pleading (Doc. 1, at Page ID #29-36) is
DISMISSED with prejudice pursuant to 28 U.S.C. §§1915(e)(2)(B) and 1915A(b)(1). The
habeas petition portion of plaintiff’s pleading (Doc. 1 at Page ID # 37-67) is DISMISSED

without prejudice to filing a petition or petitions in accordance with requirements set forth in
Rule 2 of the Rules Governing Section 2254 Cases in the United States District Courts, 28
U.S.C. foll. §2254. The Clerk of Court is DIRECTED to provide the plaintiff with a form
petition for federal habeas corpus relief.
IT IS SO ORDERED.

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