Peeples v. Kasich

Filing 13

DECISION AND ENTRY ADOPTING 9 REPORT AND RECOMMENDATION: Accordingly, this civil action is DISMISSED WITH PREJUDICE pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b)(1). Furthermore, the Court certifies pursuant to 28 U.S.C. § 191 5(a) that for the foregoing reasons an appeal of any Order adopting this Report and Recommendation would not be taken in good faith and therefore denies Plaintiff leave to appeal in forma pauperis. All additional pending motions (Docs. 10, 12) are DENIED as moot. Signed by Judge Timothy S. Black on 5/2/17. (gs)(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
KAVIN LEE PEEPLES,
Plaintiff,
vs.
JOHN KASICH,
Defendants.

:
:
:
:
:
:
:
:
:

Case No. 1:17-cv-191
Judge Timothy S. Black
Magistrate Judge Karen L. Litkovitz

DECISION AND ENTRY
ADOPTING THE REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 9)
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 April 19, 2017, submitted a
Report and Recommendation. (Doc. 9). Plaintiff filed objections on April 26, 2017.
(Doc. 11). 1

1

The Court has reviewed Plaintiff’s objections and finds that they lack merit. The Report and
Recommendation recommended that Plaintiff’s complaint be dismissed because it failed to state
any facts that would give rise to a claim. Plaintiff seeks injunctive relief and monetary damages
against Ohio Governor John Kasich due to an alleged denial of medical care provided to Plaintiff
as a prisoner at the Southern Ohio Correctional Facility (SOCF). Plaintiff’s objections clearly
and concisely spell out his grievance against Governor Kasich, but the objections do not
overcome the truth that Governor Kasich cannot be held liable under a theory of respondeat
superior for inadequate medical care received while incarcerated by the state. Plaintiff cannot
articulate facts that would support an allegation that Governor Kasich, who is several levels
removed from any individual responsible for Plaintiff’s medical care, has either explicitly or
implicitly authorized any unconstitutional conduct. Accordingly, dismissal of this action is
appropriate.
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
determine that such Report and Recommendation should be and is hereby adopted in its
entirety.
Accordingly, this civil action is DISMISSED WITH PREJUDICE pursuant to
28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b)(1). Furthermore, the Court certifies pursuant
to 28 U.S.C. § 1915(a) that for the foregoing reasons an appeal of any Order adopting this
Report and Recommendation would not be taken in good faith and therefore denies
Plaintiff leave to appeal in forma pauperis. The Clerk shall enter judgment accordingly,
whereupon this case shall be TERMINATED from the Court’s docket. All additional
pending motions (Docs. 10, 12) are DENIED as moot.
IT IS SO ORDERED.
5/2/17
Date: _______________

Timothy S. Black
United States District Judge

2