Hargrove v. Frisby et al

Filing 12

ORDER ADOPTING 10 REPORT AND RECOMMENDATIONS Accordingly, plaintiffs complaint (Doc. 1) is DISMISSED with prejudice pursuant to 28U.S.C. §§1915(e)(2)(B) and 1915A(b)(1) with the exception of plaintiffs Fourth Amendment individual capacit y claim against defendants Frisby and Couch and plaintiffs First Amendment individual capacity Free Exercise claim and, to the extent it seeks injunctive relief, plaintiffs Religious Land Use and Institutionalized Persons Act (RLUIPA) claim against defendants Chaplain Taylor and Chaplain Palmer. Plaintiffs motion to add a defendant (Doc. 7) is DENIED. Signed by Judge Susan J. Dlott on 2/8/2018. (jlw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION Daniel P. Hargrove, Plaintiff(s), vs. Capt. Frisby, et al., Defendant(s). : : : : : : : : : Case Number: 1:17cv748 Judge Susan J. Dlott ORDER The Court has reviewed the Report and Recommendation of United States Magistrate Judge Stephanie K. Bowman filed on January 11, 2018 (Doc. 10), to whom this case was referred pursuant to 28 U.S.C. §636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed. R. Civ. P. 72(b) expired January 25, 2018, hereby ADOPTS said Report and Recommendation. Accordingly, plaintiff’s complaint (Doc. 1) is DISMISSED with prejudice pursuant to 28 U.S.C. §§1915(e)(2)(B) and 1915A(b)(1) with the exception of plaintiff’s Fourth Amendment individual capacity claim against defendants Frisby and Couch and plaintiff’s First Amendment individual capacity Free Exercise claim and, to the extent it seeks injunctive relief, plaintiff’s Religious Land Use and Institutionalized Persons Act (RLUIPA) claim against defendants Chaplain Taylor and Chaplain Palmer. Plaintiff’s motion to add a defendant (Doc. 7) is DENIED. IT IS SO ORDERED. ___s/Susan J. Dlott___________ Judge Susan J. Dlott United States District Court

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