Walker v. O'Brien et al

Filing 26

ORDER granting 20 Motion to Dismiss for Lack of Jurisdiction; adopting Report and Recommendations re 21 Report and Recommendations. Signed by Judge George C Smith on 8-27-09. (ga, )

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION CHARLES Y. WALKER, Plaintiff, vs. Civil Action 2:08-CV-523 Judge Smith Magistrate Judge King RONALD J. O'BRIEN, et al., Defendants. ORDER On July 27, 2009, the United States Magistrate Judge issued a Report and Recommendation recommending that the motion filed by the Department of Rehabilitation and Correction to dismiss the claims asserted against it for lack of jurisdiction, Doc. No. 20, be granted. This matter is now before the Court on plaintiff's objection to the Report and Recommendation, which the Court will consider de novo. 28 U.S.C. §636(b); F.R. Civ. P. 72(b)(3). The complaint asserts a claim under 42 U.S.C. §1983 directly against the Ohio Department of Rehabilitation and Correction, a state agency. Doc. No. 4.1 The Court lacks jurisdiction over the claims See Foulks v. Ohio Department of 713 F.2d 1229 (6th Cir. 1983). See asserted against this defendant. Rehabilitation and Correction, Plaintiff's objection does not address this jurisdictional issue, but addresses the merits of his claim. Plaintiff's objection to the Report and Recommendation, Doc. No. 23, is DENIED. A F F I R MED. The Report and Recommendation is ADOPTED and The The motion to dismiss, Doc. No. 20, is GRANTED. 1 The complaint also asserts claims against officials of Franklin County, Ohio. defendant state agency is DISMISSED from this action. The action continues, however, against the defendant county officials. s/George C. Smith George C. Smith, Judge United States District Court 2

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