Miller v. Bowers et al

Filing 20

ORDER adopting 4 Report and Recommendations : Plaintiff may proceed with claims against defendants Bowers, Eaches and Raredan based on their alleged use of excessive force against plaintiff in an incident that purportedly occurred on April 25, 201 6 at SOCF. Plaintiff may also proceed with his cause of action under §1983 against defendant Bowers and Eaches based on their alleged refusal to allow plaintiff to receive medical treatment following that incident. In addition, defendant SOCF medical person[n]el are dismissed as a party to this action. Signed by Judge Susan J. Dlott on 4/21/2017. (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
Wayne Anthony Miller,
Plaintiff(s),
vs.
Lt. Ryan Bowers, et al.,
Defendant(s).

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Case Number: 1:16cv852
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 Karen L. Litkovitz.
Pursuant to such reference, the Magistrate Judge reviewed the pleadings and filed with this Court on September
1, 2016 a Report and Recommendation (Doc. 4). Subsequently, the plaintiff filed objections to such Report and
Recommendation on October 19, 2016 (Doc. 6).
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, any claims against Southern Ohio Correctional Facility (“SOCF”) medical person[n]el” or
any claim against defendant Raredan for the alleged denial of medical care to plaintiff following an “assault” that
occurred on April 25, 2016 is dismissed with prejudice because plaintiff’s allegations fail to state a claim upon
which relief may be granted against those individuals. In addition, defendant “SOCF medical person[n]el” are
dismissed as a party to this action.
Plaintiff may proceed with claims against defendants Bowers, Eaches and Raredan based on their
alleged use of excessive force against plaintiff in an incident that purportedly occurred on April 25, 2016 at
SOCF. Plaintiff may also proceed with his cause of action under §1983 against defendant Bowers and Eaches
based on their alleged refusal to allow plaintiff to receive medical treatment following that incident.
IT IS SO ORDERED.

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