Johnson v. Ohio Department of Rehabilitation and Corrections et al

Filing 8

ORDER adopting Report and Recommendations re 5 Report and Recommendations. The Court has reviewed the Report and Recommendation pursuant to 28 U.S.C. § 636(b). Noting that no objections have been filed and that the time for filing such objections has expired, the Court ADOPTS the Report and Recommendation. The claims against Defendants Mohr, Willingham, Ackley, and Chamberlain are hereby DISMISSED. Signed by Senior Judge Peter C Economus on 8/6/13. (ds)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
LEROY JOHNSON, JR.,
Plaintiff,
v.
OHIO DEPARTMENT OF
REHABILITATION AND
CORRECTIONS, et al.

Case No. 2:13-cv-583
Judge Peter C. Economus
ORDER

Defendants.
Plaintiff Leroy Johnson brought this case alleging that Defendant Correctional Officer
Herren attacked Plaintiff, and the other defendants failed to investigate the matter appropriately.
Having granted Plaintiffs’ motion to proceed in forma pauperis, the Magistrate Judge
recommended in an Order and Report and Recommendation dated June 20, 2013 that the claims
against Defendants Mohr, Willingham, Ackley, and Chamberlain 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.”
The Report and Recommendation specifically advised the parties that failure to object to
the Report and Recommendation within fourteen days results 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.” (Report & Recommendation 3–4, Dkt. 5.) The time period for filing objections has
expired, and no party has objected.
The Court has reviewed the Report and Recommendation pursuant to 28 U.S.C. § 636(b).
Noting that no objections have been filed and that the time for filing such objections has expired,
the Court ADOPTS the Report and Recommendation. The claims against Defendants Mohr,
Willingham, Ackley, and Chamberlain are hereby DISMISSED.
IT IS SO ORDERED.