Williams v. Carper et al

Filing 23

ORDER granting 16 Motion to Dismiss for Failure to State a Claim; adopting Report and Recommendations re 21 Report and Recommendations.. Signed by Judge James L. Graham on 9/8/2016. (ds)(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
Shawn Lamar Williams,
Plaintiff,
v.

Case No. 2:16-cv-13

Jennifer Carper, et al.,
Defendants.
ORDER
Plaintiff, a state prisoner, filed this action under 42 U.S.C.
§1983 against two captains at the Ross Correctional Institution
(defendants Carper and Yates) and Daren Hall, another employee at
the institution. This matter is now before the court on the August
5, 2016, report and recommendation of the magistrate judge, which
recommended that the court grant defendants’ motion to dismiss
plaintiff’s amended complaint for failure to state a claim under
the Eighth and Fourteenth Amendments upon which relief can be
granted.
The report and recommendation specifically advised the parties
that objections to the report and recommendation were due within
fourteen days, and that the failure to object to the report and
recommendation “will result in a waiver of the right to de novo
review by the District Judge and waiver of the right to appeal the
judgment of the District Court.”

Doc. 21, p. 6.

The time period

for filing objections to the report and recommendation has expired,
and no objections to the report and recommendation have been filed.
The report and recommendation (Doc. 21) is adopted.
motion

to

dismiss

(Doc.

16)

is

granted,

and

this

action

The
is

dismissed for failure to state a claim upon which relief can be

granted.

Date: September 8, 2016

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

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