Collins v. Warden, London Correctional Institution et al

Filing 8

ORDER ADOPTING REPORT AND RECOMMENDATIONS. Signed by Judge George C Smith on 1-22-13. (ga)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
LEROY COLLINS,
Plaintiff,
Civil Action 2:12-cv-1093
Judge George C. Smith
Magistrate Judge Deavers

v.

WARDEN, LONDON CORRECTIONAL
INSTITUTION, et al.,
Defendants.

ORDER
This matter is before the Court for consideration of the December 7, 2012 Report and
Recommendation of the Magistrate Judge. (ECF No. 4). Following an initial screen pursuant to
28. U.S.C. § 1915(e), the Magistrate Judge recommended dismissal of Plaintiff’s purported
claims against Defendant Timmerman-Cooper for failure to monitor inmate complaints. (Id. at
6-7). Specifically, the Magistrate Judge concluded that Plaintiff failed to state a claim upon
which relief may be granted against Defendant Timmerman-Cooper because Plaintiff failed to
allege sufficient personal involvement and deprivation of a right secured by the Constitution,
both of which are required for a plaintiff to properly assert a claim under 42 U.S.C. § 1983. (Id.
at 5-7).
In her Report and Recommendation, the Magistrate Judge specifically informed the
parties that “the failure to object to the Report and Recommendation will result in a waiver of the
right to de novo review by the District Judge and waiver of the right to appeal the judgment of
the District Court.” (Id. at 8.) The time period for filing objections to the Report and

Recommendation has expired. No party has objected to the Report and Recommendation.
The Court has reviewed the Report and Recommendation of the Magistrate Judge.
Noting that no objections have been filed and that the time for filing objections has expired, the
Court ADOPTS the Report and Recommendation. (ECF No. 4). Accordingly, Plaintiff’s claims
against Defendant Timmerman-Cooper are DISMISSED. At this juncture, Plaintiff may
proceed with his claims against the remaining Defendants.
IT IS SO ORDERED.
/s/ George C. Smith
GEORGE C. SMITH, JUDGE
UNITED STATES DISTRICT COURT

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