Ransom v. Owens-Illinois, Inc.

Filing 4

ORDER adopting Report and Recommendations re 2 Report and Recommendations.. Signed by Judge James L Graham on 12/16/2014. (ds)(This document has been sent by the Clerks Office by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
Jeffrey Ransom,
Plaintiff,
v.

Case No. 2:14-cv-1845

Owens-Illinois, Inc.,
Defendant.
ORDER
This matter is before the court for consideration of the
magistrate judge’s report and recommendation filed on November 20,
2014. See Doc. 2. As the magistrate judge correctly explained, 28
U.S.C. §1915(e) requires sua sponte dismissal of an action upon the
court’s determination that the action is frivolous or malicious, or
fails to state a claim upon which relief may be granted.
v. Knight, 532 F.3d 567, 572 (6th Cir. 2008).
initial

screens

standard.

under

§1915(e)

apply

the

Grinter

Courts conducting
motion

to

dismiss

See, e.g., Hill v. Lappin, 630 F.3d 468, 470–71 (6th

Cir. 2010) (applying Fed. R. Civ. P. 12(b)(6) standards to review
under 28 U.S.C. §§1915A and 1915(e)(2)(B)(ii)).

The magistrate

judge conducted an initial screen of plaintiff’s complaint as
required by 28 U.S.C. §1915(e)(2) and recommended that the court
dismiss this action for lack of subject matter jurisdiction and
because the complaint fails to state a claim under federal law.
The report and recommendation specifically advised the parties
that any objections to the report and recommendation were due
within fourteen days.

Doc. 2, p. 4.

The time period for filing

objections to the report and recommendation has expired, and no
party has objected to the report and recommendation.

The court hereby adopts the report and recommendation (Doc.
2).

This

case

is

hereby

dismissed

pursuant

to

28

U.S.C.

§1915(e)(2)(B)(ii) due to lack of subject matter jurisdiction and
for failure to state a claim under federal law.
directed

to

mail

a

copy

of

the

complaint,

the

The clerk is
report

recommendation, and this order to the defendant.

Date: December 16, 2014

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

2

and