May-Dillard v. Ohio Department of Rehabilitation & Corrections

Filing 12

ORDER ADOPTING REPORT AND RECOMMENDATIONS. Signed by Judge George C Smith on 11/20/14. (lvw1)

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

MAURICE A. MAY-DILLARD,
Plaintiff,
vs.

Case No.: 2:14-cv-1327
JUDGE SMITH
Magistrate Judge Deavers

OHIO DEPARTMENT OF
REHABILITATION AND
CORRECTIONS,
Defendant.

ORDER
On August 22, 2014, the United States Magistrate Judge issued an Order and Report and
Recommendation recommending that Plaintiff’s motion to proceed in forma pauperis be granted,
but that Plaintiff’s Complaint be dismissed for failure to state a claim for which this Court can
grant relief. (See Doc. 3). The parties were advised of their right to object to the Report and
Recommendation and of the consequences of their failure to do so. There has nevertheless been
no objection to the Report and Recommendation. The Court acknowledges that Plaintiff has
filed a response to the Order and Report and Recommendation. To the extent this could be
construed as an Objection, it presents the same issues previously considered by the Magistrate
Judge. Plaintiff has failed to state a claim for which this Court can grant relief.
For the reasons stated in the Order and Report and Recommendation, this Court finds
that Plaintiff’s objections are without merit and are hereby OVERRULED.
The Order and Report and Recommendation, Document 3, is ADOPTED and

AFFIRMED. Plaintiffs’ Complaint is hereby dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)
and 1914A.
The Clerk shall remove Document 3 from the Court’s pending motions list. The Clerk
shall terminate this case.

IT IS SO ORDERED.
/s/ George C. Smith__________________
GEORGE C. SMITH, JUDGE
UNITED STATES DISTRICT COURT

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