Kelly v. Ohio Department of Rehabilitation and Correction Bureau of Records, Operation Support Center

Filing 5

ORDER ADOPTING REPORT AND RECOMMENDATIONS. Signed by Judge George C Smith on 4/21/15. (lvw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION KEITH A. KELLY, Plaintiff, vs. Case No.: 2:15-cv-815 JUDGE SMITH Magistrate Judge King OHIO DEPARTMENT OF REHABILITATION AND CORRECTION, BUREAU OF RECORDS, OPERATION SUPPORT CENTER, Defendant. ORDER On March 26, 2015, the United States Magistrate Judge issued a Report and Recommendation recommending that Plaintiff’s Complaint be dismissed for lack of subject matter jurisdiction and for failure to state a claim upon which relief can be granted. (See Report and Recommendation, Doc. 4). 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 Report and Recommendation is hereby ADOPTED and AFFIRMED. Plaintiff’s Complaint fails to state a claim and Defendant, a state agency, is immune from claims such as this pursuant to the Eleventh Amendment to the United States Constitution. Accordingly, Plaintiff’s Complaint is hereby DISMISSED. The Clerk shall remove Document 4 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 2

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