Alexander v. Ohio State of et al

Filing 13

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 4 Report and Recommendations and Order. 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
John M. Alexander, III,
Plaintiff(s),
vs.
State of Ohio, et al.,.
Defendant(s)

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Case Number: 1:16cv1139
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 December 21, 2016 a Report and Recommendation (Doc. 4). Subsequently, the plaintiff
filed objections to such Report and Recommendation (Doc. 7).
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, plaintiff’s claims against defendant State of Ohio are DISMISSED with prejudice
pursuant to 28 U.S.C. §§1915(e)(2)(B) and 1915A(b)(1). The complaint is also DISMISSED as to the Ohio
Department of Rehabilitation and Correction (“ODRC”) to the extent that plaintiff seeks to name the ODRC
as a defendant in this action.
Plaintiff may proceed with his Eighth Amendment excessive force claims against defendants Vance,
Fisher, and Jones. Having found that plaintiff’s remaining claims fail to state a claim upon which relief may
be granted, these claims may be DISMISSED.
IT IS SO ORDERED.

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