Hill v. Aramark Correctional Services et al

Filing 23

ORDER ADOPTING REPORT AND RECOMMENDATION; DENYING AS MOOT Motion to Dismiss, DISMISSING Plaintiff's claims. This case is CLOSED. Signed by District Judge Algenon L Marbley on 3/10/2025. (cw)(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 STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
GENESIS HILL,
Plaintiff,
v.
ARAMARK CORRECTIONAL
SERVICES, et al.,
Defendants.

:
:
:
:
:
:
:
:
:
:

Case No. 1:23-cv-406
Judge Algenon L. Marbley
Magistrate Judge Elizabeth P. Deavers

ORDER
This matter is before the Court on the Magistrate Judge’s Report and Recommendation (ECF
No. 22) recommending that this Court dismiss this case and deny as moot the pending motion to
dismiss (ECF No. 18). Plaintiff, Genesis Hill, brought this case against 28 defendants. The
complaint alleges claims arising from an employee of Defendant Aramark Correctional Services
serving Plaintiff and other inmates food removed from a trash can. Plaintiff claims this incident
caused Plaintiff and several others to suffer from gastrointestinal issues. (ECF No. 8).
On January 14, 2025, the Magistrate Judge issued the Report and Recommendation noting
that there are various unserved defendants and finding that Plaintiff failed to state a claim with
respect to any of the federal law claims. (ECF No. 22). The Magistrate Judge recommended this
Court: (1) dismiss claims against the unserved defendants pursuant to Rule 4(m) for failure to perfect
service; (2) dismiss claims against any remaining defendants for failure to state a claim; and (3)
decline to exercise supplemental jurisdiction over any remaining state law claims. (Id.). The Report
and Recommendation notified the parties that a failure to object within the applicable time period
would result in a waiver of the right to have the district judge review the Report and
Recommendation de novo. (Id. at 22).
1

This Court has reviewed the Report and Recommendation. Noting that no objections have
been filed thereto and that the time for filing such objections under Fed. R. Civ. P. 72(b) has expired,
this Court ADOPTS the Magistrate Judge’s Report and Recommendation (ECF No. 22) as this
Court’s findings of facts and law. Plaintiff’s claims are DISMISSED. This case is CLOSED.
Accordingly, the pending motion to dismiss (ECF No. 18) is DENIED as moot.
IT IS SO ORDERED.
_______________________
ALGENON L. MARBLEY
UNITED STATES DISTRICT JUDGE
DATED: March 10, 2025

2