Filing 5

ORDER ADOPTING REPORT AND RECOMMENDATIONS. Signed by Judge George C Smith on 10/22/13. (lvw1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

In re MARK A. BROOKS,

Case No.: 2:13-mc-032

Applicant,

JUDGE SMITH
Magistrate Judge Abel

ORDER
On September 30, 2013, the United States Magistrate Judge issued a Report and
Recommendation recommending that Applicant Mark A. Brooks’ Motion for Expungement of
his Criminal Record (Doc. 1) be denied without prejudice for lack of subject matter jurisdiction.
(See Report and Recommendation, Doc. 2). The parties were advised of their right to object to
the Report and Recommendation. This matter is now before the Court on Applicant’s Objection
to the Magistrate’s Report and Recommendation (Doc. 4). The Court will consider the matter de
novo. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3).
Applicant’s objection presents the same issue presented to and considered by the
Magistrate Judge in the Report and Recommendation. Applicant asserts that Ohio Revised Code
§ 2953.32(A)(1) conveys upon the federal courts subject matter jurisdiction for the purpose of
expunging state court convictions. However, the Court has reviewed the statute and agrees with
the Magistrate Judge’s conclusion that the statute does not authorize a federal court to expunge
an Ohio conviction. Applicant should apply to the sentencing court for expungement. For the
reasons stated in the Report and Recommendation, this Court finds that the objection is without
merit.

The Report and Recommendation, Document 2, is ADOPTED and AFFIRMED.
Applicant’s Motion for Expungement is DENIED without prejudice for lack of subject
matter jurisdiction.
The Clerk shall remove Documents 1 and 2 from the Court’s pending motions list.
The Clerk shall remove this case from the Court’s pending cases list.
IT IS SO ORDERED.
/s/ George C. Smith__________________

GEORGE C. SMITH, JUDGE
UNITED STATES DISTRICT COURT

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