Sweeting v. Noble Correctional Institution et al

Filing 12

ORDER ADOPTING REPORT AND RECOMMENDATIONS. Plaintiffs claims against the Noble Correctional Institution are dismissed, and the Noble Correctional Institution is dismissed as a party in this case. This case will proceed as to the remaining individual defendants. Signed by Judge James L Graham on 11/21/2013. (ds)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
Deion L. Sweeting,
Plaintiff,
v.

Case NO. 2:13-cv-941

Noble Correctional
Institution, et al.,
Defendants.
ORDER
This matter is before the court for consideration of the
report and recommendation of the magistrate judge filed on October
29, 2013. The magistrate judge performed the initial screen of the
complaint required under 28 U.S.C. §§1915(e) and 1915A.

The

magistrate judge recommended that plaintiff’s claims against the
Noble Correctional Institution, a state agency, be dismissed, as
the Institution is immune from suit under the Eleventh Amendment
and is not a “person” subject to suit under 42 U.S.C. §1983.
magistrate

judge

further

recommended

that

plaintiff’s

The

claims

against the individual defendants be allowed to proceed.
The report and recommendation specifically advised the parties
that the failure to object to the report and recommendation within
fourteen days “will result in a waiver of the right to de novo
review by the District Judge and of the right to appeal the
decision

of

the

Recommendation.”

District

Court

Doc. 8, p. 2.

adopting

the

Report

and

The time period for filing

objections to the report and recommendation has expired, and no
objections have been filed.
The court agrees with the report and recommendation (Doc. 8)

and it is hereby adopted.

Plaintiff’s claims against the Noble

Correctional Institution are dismissed, and the Noble Correctional
Institution is dismissed as a party in this case.

This case will

proceed as to the remaining individual defendants.

Date: November 21, 2013

s/James L. Graham
James L. Graham
United States District Judge