Fears v. Dunagan

Filing 8

DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 4 ). Signed by Judge Timothy S. Black on 4/26/2016. (mr)(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
WILLIAM FEARS,
Plaintiff,
v.
KIP DUNAGAN,
Defendant.

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Case No. 1:16-cv-316
Judge Timothy S. Black
Magistrate Judge Stephanie K. Bowman

DECISION AND ENTRY ADOPTING THE REPORT AND
RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
(Doc. 4)
This case 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 filed with this Court and, on March 21, 2016,
submitted a Report and Recommendation. (Doc. 4). Plaintiff timely filed objections.
(Doc. 6). 1
As required by 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72(b), the Court has
reviewed the comprehensive findings of the Magistrate Judge and considered de novo all
of the filings in this matter.

1

Upon consideration of the foregoing, the Court does

Plaintiff’s objections argue that dismissal of the Complaint is not appropriate because genuine issues of
material fact exist. Plaintiff’s objections are OVERRULED. Specifically, Plaintiff’s Complaint is
subject to dismissal because (1) it is time-barred; (2) Plaintiff’s convictions and sentences still stand and
have not been overturned or invalidated in accordance with Heck v. Humphrey, 512 U.S. 477, 487 (1994);
and (3) the application of res judicata is appropriate. Plaintiff’s objections fail to address these bases for
dismissal.

determine that such Report and Recommendation should be and is hereby adopted in its
entirety. Accordingly:
1.

The Report and Recommendation (Doc. 4) is ADOPTED;

2.

Plaintiff’s Complaint is DISMISSED with prejudice pursuant to 28 U.S.C.
Section 1915(e)(2)(B) and 1915A(b)(1);

3.

Pursuant to 28 U.S.C. Section 1915(a)(3), an appeal of this Order would not
be taken in good faith and therefore, Plaintiff is denied leave to appeal in
forma pauperis; and

4.

The Clerk shall enter judgment accordingly, whereupon this civil action is
TERMINATED in this Court.

IT IS SO ORDERED.
Date: 4/26/16

s/ Timothy S. Black
Timothy S. Black
United States District Judge

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