Wright v. Allen et al
DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 8 ). Signed by Judge Timothy S. Black on 1/3/2017. (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
JUDGE NADINE ALLEN, et al.,
Case No. 1:16-cv-1031
Judge Timothy S. Black
Magistrate Judge Karen L. Litkovitz
DECISION AND ENTRY
ADOPTING THE REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 8)
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 Karen L. Litkovitz. Pursuant to such reference, the Magistrate
Judge reviewed the pleadings filed with this Court and, on November 2, 2016, submitted
a Report and Recommendation. (Doc. 8). Plaintiff filed objections to the Report and
Recommendation on November 18, 2016. (Doc. 10). 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. Upon consideration of the foregoing, the Court does
The Court has reviewed Plaintiff’s objections and finds they are without merit. Plaintiff’s
claims against the six judicial defendants in this case are barred, as judges are generally
absolutely immune from civil suits for both monetary and injunctive relief. Plaintiff’s claims
against defendant Poland that Poland improperly failed to send Plaintiff an absentee ballot are
meritless as Plaintiff is an incarcerated felon and therefore does not have eligibility to vote under
Ohio law. Plaintiff’s complaint therefore fails to state a claim on which relief can be granted.
determine that such Report and Recommendation should be and is hereby adopted in its
1. Plaintiff’s complaint (Doc. 1) is DISMISSED WITH PREJUDICE pursuant
to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b)(1);
2. Plaintiff’s motion for temporary restraining order and emergency hearing (Doc.
2) is DENIED;
3. The clerk shall enter judgment accordingly, whereupon this case is
TERMINATED in this Court.
IT IS SO ORDERED.
Timothy S. Black
United States District Judge
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