Neal El v. Valasek et al

Filing 8

ORDER ADOPTING REPORT AND RECOMMENDATION (Doc. 4 ): (1) Plaintiff's Complaint (Doc. 1 ) is DISMISSED with prejudice for failure to state a claim and because the State of Ohio is entitled to immunity under the Eleventh Amendment; (2) The Court CERTIFIES that, pursuant to 28 U.S.C. § 1915(a)(3), an appeal of this decision could not be taken in good faith; (3) Plaintiff's Motion for Default Judgment (Doc. 6 ) is DENIED as moot; and (4) This case is TERMINATE D from the Court's docket.IT IS SO ORDERED. Signed by Judge Matthew W. McFarland on 09/16/2022. (kaf) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

Case: 1:22-cv-00394-MWM-SKB Doc #: 8 Filed: 09/16/22 Page: 1 of 2 PAGEID #: 70

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION - CINCINNATI

MOURICE NEAL EL,

No. 22-cv-394

Plaintiff,

Judge Matthew W. McFarland

vs.
SARAH VALASK, et al.,

Defendants.

ORDER ADOPTING REPORT AND RECOMMENDATION (Doc. 4)

This action is before the Court upon the Report and Recommendation (the
"Report") (Doc. 4) of United States Magistrate Judge Stephanie K. Bowman, to whom this
case is referred pursuant to 28 U.S.C.

§

636(b). In the Report, Magistrate Judge Bowman

recommends that Plaintiff's Complaint (Doc. 1) be dismissed with prejudice, pursuant to
28 U.S.C.

§

1915(e)(2)(B), for failure to state a claim and because the State of Ohio is

entitled to immunity under the Eleventh Amendment. Plaintiff submitted timely
objections (Doc. 5) Thus, the matter is ripe for the Court's review.
As required by 28 U.S.C.

§

636(b) and Federal Rule of Civil Procedure 72(b), the

Court has made a de novo review of the record in this case. Upon said review, the Court
finds that Plaintiff's Objections are not well-taken and are accordingly OVERRULED.
Thus, the Court ADOPTS Magistrate Judge Bowman's Report and Recommendation
(Doc. 4) in its entirety and ORDERS the following:

Case: 1:22-cv-00394-MWM-SKB Doc #: 8 Filed: 09/16/22 Page: 2 of 2 PAGEID #: 71

(1) Plaintiff's Complaint (Doc. 1) is DISMISSED with prejudice for failure to state a
claim and because the State of Ohio is entitled to immunity under the Eleventh
Amendment;
(2) The Court CERTIFIES that, pursuant to 28 U.S.C. § 1915(a)(3), an appeal of this
decision could not be taken in good faith;
(3) Plaintiff's Motion for Default Judgment is DENIED as moot; and
(4) This case is TERMINATED from the Court's docket.
IT IS SO ORDERED.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT F O IO
By:

~-vJ,~S.
MATTHEWW. McFARLAND
UNITED STATES DISTRICT JUDGE

2