Farkas v. Kasich et al

Filing 26

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

TIMOTHY R. FARKAS,
Plaintiff,
vs.

Case No.: 2:14-cv-1507
JUDGE SMITH
Magistrate Judge Abel

JOHN KASICH, et al.,
Defendants.

ORDER
On October 3, 2014 and October 7, 2014, the United States Magistrate Judge issued two
separate Reports and Recommendations regarding Plaintiff’s Complaint. The two Reports and
Recommendations recommend that Plaintiff’s Complaint be dismissed as to all Defendants for
failure to state a claim. (See Docs. 12 and 16). The parties were advised of their right to object
to the Report and Recommendation. This matter is now before the Court on Plaintiff Timothy
Farkas’ Objections to the Report and Recommendation. (See Doc. 19). The Court will consider
the matter de novo. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3).
The objections present the same issues presented to and considered by the Magistrate
Judge in the Report and Recommendation. Plaintiff merely lists eight issues for reconsideration,
but fails to provide any additional argument for consideration. These general objections are not
sufficient to preserve any issues for reviews, and “[a] general objection to the entirety of the
magistrate’s report has the same effects as would a failure to objection.” Howard v. Sec’y of
H.H.S., 932 F.2d 505, 509 (6th Cir. 1991). The State of Ohio is immune from suit, the Gahanna

Police Department is not an entity capable of being sued, and the Complaint fails to state a claim
for relief against the individually named Defendants. For the reasons stated in the Report and
Recommendation, this Court finds that Plaintiff’s objections are without merit and are hereby
OVERRULED.
The Reports and Recommendations, Documents 12 and 16 are ADOPTED and
AFFIRMED. Plaintiffs’ Complaint is hereby dismissed. All other pending motions are denied
as moot.
The Clerk shall remove Documents 11, 12, 13, 14, 16 and 21 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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