Fishbein v. Ohio Department of Rehabilitation & Corrections et al

Filing 16

ORDER ADOPTING the REPORT AND RECOMMENDATION 11 in that Court DISMISSES Plaintiff's claims against ODRC pursuant to 28 U.S.C. 1915(e) and 1915A and TRANSFERS the remainder of this action to USDC NDO (Toledo). Signed by Judge Gregory L Frost on 8/29/13. (sem1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
ROBERT J. FISHBEIN,
Plaintiff,
Case No. 2:13-cv-650
JUDGE GREGORY L. FROST
Magistrate Judge Elizabeth P. Deavers

v.
OHIO DEPARTMENT OF
REHABILITATION & CORRECTIONS, et al.,
Defendants.
ORDER

This matter is before the Court for consideration of the Magistrate Judge’s August 7,
2013 Report and Recommendation. (ECF No. 11.) In that filing, the Magistrate Judge
conducted an initial screen of Plaintiff’s Complaint under 28 U.S.C. §§ 1915(e)(2) and 1915A
and recommended that the Court dismiss Plaintiff’s claims against the Ohio Department of
Rehabilitation and Corrections (“ODRC”) and transfer the remainder of the action to the United
States District Court for the Northern District of Ohio, Western Division, at Toledo. In regard to
the first course of recommended action, the Magistrate Judge explained that “Plaintiff has failed
to state plausible claims for relief against ODRC.” (ECF No. 11, at Page ID # 45.) In regard to
the second course of recommended action, the Magistrate Judge explained that venue was
improper. The Report and Recommendation also advised that the failure to object within
fourteen days would “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 Page ID # 47.)
The Court has reviewed the Report and Recommendation. Noting that no objections

1

have been filed,1 that the time for filing such objections has expired, and that the Magistrate
Judge’s reasoning is correct, the Court ADOPTS the Report and Recommendation, DISMISSES
Plaintiff’s claims against ODRC pursuant to 28 U.S.C. §§ 1915(e) and 1915A, and
TRANSFERS the remainder of this action to the United States District Court for the Northern
District of Ohio, Western Division, at Toledo.
IT IS SO ORDERED.
/s/ Gregory L. Frost
GREGORY L. FROST
UNITED STATES DISTRICT JUDGE

1

Subsequent to the filing of the Report and Recommendation, Plaintiff sought to add
two additional claims to his complaint in an August 9, 2013 filing. (ECF No. 13.) Because both
of these claims relate to conduct involving only defendants other than ODRC and in light of the
transfer ordered herein, the Court expresses no opinion on the validity of these claims and leaves
the issues of amendment and initial screening to the United States District Court for the Northern
District of Ohio.
2