Smallwood v. Highland County Sheriff et al

Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATIONS - Consistent with the recommendation by the Magistrate Judge, Defendant Highland County Sheriff's Department is DISMISSED from this proceeding with prejudice as an improper party. The claims by which Pla intiff seeks release from incarceration are DISMISSED with prejudice as non-cognizable. Only the Plaintiff's Fourth Amendment excessive force claim against defendants Adams, Alexander, and Goens are to PROCEED. And all remaining claims against a ll remaining defendants in their individual capacities are DISMISSED without prejudice. The Court CERTIFIES that, pursuant to 28 U.S.C. § 1915(a)(3) and for the foregoing reasons, an appeal of this order would not be taken in good faith. Consequently, leave for Plaintiff to appeal in forma pauperis is DENIED. Signed by Judge Michael R. Barrett on 8/28/2024. (kkz)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
Kyle J. Smallwood,
Plaintiff,
v.

Case No. 1:24cv076

Highland County Sheriff, et al.
Defendants.
ORDER
This matter is before the Court on the Report and Recommendation (“R&R”) filed
by the Magistrate Judge on June 11, 2024 (Doc. 4) and the Supplemental R&R filed by
the Magistrate Judge on August 8, 2024 (Doc. 8).
Proper notice has been given to the parties under 28 U.S.C. § 636(b)(1)(C),
including notice that the parties may forfeit rights on appeal if they failed to file objections
to the R&R in a timely manner. United States v. Walters, 638 F.2d 947 (6th Cir. 1981).
No objections to the Magistrate Judge’s R&R or Supplemental R&R (Docs. 4 & 8) have
been filed and the time to do so has expired.
Accordingly, it is ORDERED that the R&R and Supplemental R&R (Docs. 4 & 8)
of the Magistrate Judge are hereby ADOPTED. Consistent with the recommendation
by the Magistrate Judge, Defendant Highland County Sheriff’s Department is
DISMISSED from this proceeding with prejudice as an improper party. The claims by
which Plaintiff seeks release from incarceration are DISMISSED with prejudice as noncognizable. Only the Plaintiff’s Fourth Amendment excessive force claim against
defendants Adams, Alexander, and Goens are to PROCEED. And all remaining claims
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against all remaining defendants in their individual capacities are DISMISSED without
prejudice.
The Court CERTIFIES that, pursuant to 28 U.S.C. § 1915(a)(3) and for the
foregoing reasons, an appeal of this order would not be taken in good faith.
Consequently, leave for Plaintiff to appeal in forma pauperis is DENIED.
IT IS SO ORDERED.
s/Michael R. Barrett
Michael R. Barrett, Judge
United States District Court

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