Stewart v. Lebanon Correctional Medical Staff

Filing 10

DECISION AND ENTRY adopting Report and Recommendations re 6 Report and Recommendations. Signed by Judge Timothy S. Black on 9/7/2021. (rrs)(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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Case: 1:21-cv-00124-TSB-SKB Doc #: 10 Filed: 09/08/21 Page: 1 of 2 PAGEID #: 32 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION DENNIS J. STEWART Plaintiff, vs. LEBANON CORRECTIONAL MEDICAL STAFF, Defendant. : : : : : : : : : : Case No. 1:21-cv-124 Judge Timothy S. Black Magistrate Judge Stephanie K. Bowman DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 6) This case is before the Court pursuant to the Order of General Reference to United States Magistrate Judge Stephanie K. Bowman. 28 U.S.C. § 636(b). Pursuant to such reference, the Magistrate Judge reviewed the pleadings filed with this Court and, on April 26, 2021, submitted a Report and Recommendations. (Doc. 6). No objections were filed to the Report and Recommendations, and the time for filing objections has expired. 1 The Court has reviewed the Report and Recommendations, is satisfied that there is nothing clearly erroneous or contrary to law on the face of the record, and accepts the Magistrate Judge’s recommendations. Fed. R. Civ. P. 72. 1 In a filing postmarked May 26, 2021, sixteen days after the deadline for filing objections, Plaintiff filed a letter which purports to: (1) ask for legal counsel, which request the Magistrate Judge already denied; and (2) seek additional time “to figure out [his] next approach.” (Doc. 8). As discussed in the Report, Plaintiff’s complaint against “Lebanon Correctional Medical Staff” fails to state an actionable claim against the Lebanon Correctional Medical Staff, the only named defendant in the complaint. Accordingly, Plaintiff’s motion for extension of time (Doc. 8) is not well taken and denied. Case: 1:21-cv-00124-TSB-SKB Doc #: 10 Filed: 09/08/21 Page: 2 of 2 PAGEID #: 33 Accordingly: 1. The Report and Recommendations (Doc. 6) is ADOPTED. 2. Plaintiff’s complaint is DISMISSED with prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B) and 1915A(b)(1). 3. The Court CERTIFIES that pursuant to 28 U.S.C. § 1915(a)(3), an appeal of this Court’s Order would not be taken in good faith and DENIES Plaintiff leave to appeal in forma pauperis. See McGore v. Wrigglesworth, 114 F.3d 601 (6th Cir. 199). 4. The Clerk shall enter judgment accordingly, whereupon this action is TERMINATED upon the docket of this Court. IT IS SO ORDERED. Date: 9/7/2021 s/Timothy S. Black Timothy S. Black United States District Judge 2

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