Rodgers v. Solano County Courts et al

Filing 11

ORDER adopting 8 Report and Recommendations.. Signed by Judge Gregory L. Frost on 9/22/15. (kn)(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

OTIS LEE RODGERS,
Plaintiff,
Case No. 2:15-cv-2754
Judge Frost
Magistrate Judge King

v.

SOLANO COUNTY COURTS, et al.,
Defendants.

ORDER
On August 26, 2015, the United States Magistrate Judge
recommended that plaintiff’s claims under 42 U.S.C. § 1983 be
dismissed for lack of subject matter jurisdiction and for failure to
state a claim for relief, and that plaintiff’s motions for interim
injunctive relief, Motion, ECF No. 1; Motion, ECF No. 5, be DENIED.
Report and Recommendation, ECF No. 8. The Magistrate Judge further
recommended that, should plaintiff decide to pursue a claim for habeas
corpus relief under 28 U.S.C. § 2241 or 28 U.S.C. § 2254, he be
required to file a petition for a writ of habeas corpus. Id. Although
plaintiff was advised of his right to object to that recommendation
and of the consequences of his failure to do so, there has been no
objection.
The Report and Recommendation, ECF No. 8, is ADOPTED AND
AFFIRMED. Plaintiff’s claims under 42 U.S.C. § 1983 are DISMISSED for
lack of subject matter jurisdiction and for failure to state a claim
for relief. Plaintiff’s motions for interim injunctive relief, Motion,

1

ECF No. 1; Motion, ECF No. 5, are DENIED.
If plaintiff intends to pursue, in this action, habeas corpus
claims under 28 U.S.C. §§ 2241, 2254, he shall file a petition for a
writ of habeas corpus, and address the issue of exhaustion, within
thirty (30) days of the date of this Order. His failure to do so will
result in the dismissal of this action for want of prosecution.
As noted by the Magistrate Judge, the Court will defer
consideration of plaintiff’s motion to proceed in forma pauperis,
Motion, ECF No. 2, until it appears that plaintiff intends to pursue
habeas corpus claims in this action.

/s/

GREGORY L. FROST
Gregory L. Frost
United States District Judge

2