Johnson v. Hill et al

Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATION (Doc. 6 ) - This case is before the Court on the Order and Report and Recommendation (Doc. 6 ) filed by Magistrate Judge Stephanie K. Bowman. Plaintiff filed an Objection (Doc. 8 ) to the Report and Recomme ndation on May 24, 2021. However, his deadline to do so was May 10, 2021. Plaintiff's Objection (Doc. 8) is therefore STRIKEN as untimely. Regardless, the Court has made a de novo review of the record in this case as required by 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72(b). And upon said review, the Court finds that, even if Plaintiff's Objection had been filed on time, the arguments raised are not well-taken and are furthermore OVERRULED. The Court therefore ADOPTS the Report and Recommendation (Doc. 6 ) in its entirety and rules as follows: 1. The Complaint (Doc. 5 ) is DISMISSED with prejudice pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b)(1), except for Plaintiff's excessive force claim against Defen dant J. Neff and his failure to protect claims against Defendants Teresa Hill and the three John and Jane Doe Defendants; and 2. Because this case and Case No. l:21-cv-141 involve common questions of law and fact, the Clerk of Court is hereby DIRECTE D to file the complaint in this action as a supplemental complaint in Case No. 1:21- cv-141 and add J. Neff, Teresa Hill, and the three unnamed John/Jane defendants as defendants in Case No. l:21-cv-141. See Fed. R. Civ. P. 42(a). IT IS SO ORDERED. Signed by Judge Matthew W. McFarland on 06/03/2021. (kaf)(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 ST ATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION - CINCINNATI

MICHAEL L. JOHNSON,
Plaintiff,

Case No. 1:21-cv-155
Judge Matthew W. McFarland

V.

TERESA HILL, et al.,
Defendants.

ORDER ADOPTING REPORT AND RECOMMENDATION (Doc. 6)

This case is before the Court on the Order and Report and Recommendation
(Doc. 6) filed by Magistrate Judge Stephanie K. Bowman. Plaintiff filed an Objection
(Doc. 8) to the Report and Recommendation on May 24, 2021. However, his deadline to
do so was May 10, 2021. Plaintiff's Objection (Doc. 8) is therefore STRIKEN as
untimely. Regardless, the Court has made a de novo review of the record in this case as
required by 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72(b). And upon said review, the
Court finds that, even if Plaintiff's Objection had been filed on time, the arguments
raised are not well-taken and are furthermore OVERRULED. The Court therefore
ADOPTS the Report and Recommendation (Doc. 6) in its entirety and rules as follows:

1.

The Complaint (Doc. 5) is DISMISSED with prejudice pursuant to 28

U.S.C. §§ 1915(e)(2)(B) and 1915A(b)(1), except for Plaintiff's excessive force claim
against Defendant J. Neff and his failure to protect claims against Defendants Teresa
Hill and the three John and Jane Doe Defendants; and

2.

Because this case and Case No. l:21-cv-141 involve common questions of

law and fact, the Clerk of Court is hereby DIRECTED to file the complaint in this action
as a supplemental complaint in Case No. 1:21- cv-141 and add J. Neff, Teresa Hill, and
the three unnamed John/Jane defendants as defendants in Case No. l:21-cv-141. See
Fed. R. Civ. P. 42(a).
IT IS SO ORDERED.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO

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JUDGE MATTHEW W. McFARLAND

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