Shoop v. Mohr et al

Filing 10

ORDER ADOPTING REPORT AND RECOMMENDATIONS. Signed by Judge George C. Smith on 11/25/15. (lvw)(This document has been sent 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

FRANK RAY SHOOP,
Plaintiff,
vs.

Case No.: 2:15-cv-2718
JUDGE SMITH
Magistrate Judge Deavers

GARY MOHR, et al.,
Defendants.

ORDER
On October 5, 2015, the United States Magistrate Judge issued a Report and
Recommendation following the initial screen and recommended that the Court dismiss Plaintiff’s
claims against the Defendants employed directly by the Ohio Department of Rehabilitation and
Correction (collectively “the ODRC Defendants”) and transfer this action to the United States
District Court for the Northern District of Ohio, Western Division at Toledo. (See Report and
Recommendation, Doc. 6). The parties were advised of their right to object to the Report and
Recommendation. This matter is now before the Court on Plaintiff’s Objections to the Report
and Recommendation. (See Doc. 7). 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 continues to argue that the ODRC
Defendants have refused to investigate and respond to his grievance. He further asserts that they
should not be dismissed nor should this case be transferred. However, he has not offered a

sufficient basis for not dismissing the ODRC Defendants, nor for transferring the case. All of
Plaintiff’s arguments have been carefully considered by the Magistrate Judge. Therefore, for the
reasons stated in the Report and Recommendation, this Court finds that Plaintiff’s objections are
without merit and are hereby OVERRULED.
The Report and Recommendation, Document 6, is ADOPTED and AFFIRMED.
Plaintiff’s claims against the ODRC Defendants are dismissed. The Clerk of this Court shall
remove Document 6 from the Court’s pending motions list and shall transfer this case to the
United States District Court for the Northern District of Ohio, Western Division at Toledo.
IT IS SO ORDERED.
/s/ George C. Smith__________________
GEORGE C. SMITH, JUDGE
UNITED STATES DISTRICT COURT

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