Quintanilla et al v. Mansfield Correctional Institution et al

Filing 7

ORDER adopting Report and Recommendations and DISMISSING case. Signed by Senior Judge Peter C Economus on 4/8/13. (jr1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
ALLEN QUINTANILLA, et al.
Plaintiffs,
v.
MANSFIELD CORRECTIONAL
INSTITUTION, et al.

Case No. 2:13-cv-121
Judge Peter C. Economus
ORDER

Defendants.
Plaintiffs Allen Quintanilla and Wayne Castle, Jr. brought this case alleging that
Defendant Christopher Lynch, employed by Defendant Mansfield Correctional Institution, failed
to investigate and report threats allegedly made by other inmates against Plaintiffs and their
families. In an Order and Report and Recommendation dated March 8, 2013, the Magistrate
Judge granted Plaintiffs’ motion to proceed in forma pauperis and recommended that the case be
dismissed under 28 U.S.C. §§ 1915(e)(2) and 1915A. Section 1915(e)(2) provides that “the
court shall dismiss the case . . . if . . . the action . . . (i) is frivolous or malicious [or] (ii) fails to
state a claim on which relief may be granted.” In a letter to the Court, Plaintiffs requested review
by the District Judge.
Upon de novo review in accordance with the provisions of 28 U.S.C. § 636(b)(1)(B), the
Court finds that the Magistrate Judge correctly determined that Plaintiffs’ complaint fails to state
a claim upon which this Court can grant relief. Therefore, the Court hereby ADOPTS the
Report and Recommendation (Dkt. 5) and DISMISSES this case. The Court directs the Clerk to
enter judgment.
IT IS SO ORDERED.