Clark v. Franklin County Court of Common Pleas et al

Filing 4

ORDER adopting Report and Recommendations re 2 Report and Recommendations.. Signed by Judge James L. Graham on 6/17/2016. (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
Dwight D. Clark,
Plaintiff,
v.

Case No. 2:16-cv-382

Franklin County Court of
Common Pleas, et al.,
Defendants.
ORDER
Plaintiff, an Ohio inmate, brings this action against the
Court of Common Pleas of Franklin County, Ohio, Franklin County
Prosecutor Ron O’Brien, and Laura R. Swisher, a state prosecutor.
Plaintiff seeks money damages for wrongful imprisonment, allegedly
attributable to the decision of the common pleas court to deny him
jail-time credit.

On May 20, 2016, the magistrate judge filed a

report and recommendation on the initial screen of plaintiff’s
complaint pursuant to 28 U.S.C. §1915A, which requires the court,
“in a civil action in which a prisoner seeks redress from a
governmental entity or officer or employee of a governmental
entity,” to dismiss a complaint that fails to state a claim upon
which relief may be granted.

28 U.S.C. §1915A(a)-(b)(1).

The

magistrate judge concluded that plaintiff’s complaint fails to
state a claim for which relief could be granted and recommended
that the action be dismissed.
The report and recommendation specifically advised the parties
that the failure to object to the report and recommendation within
fourteen days “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. 2, p. 9.

The time period

for filing objections to the report and recommendation has expired,
and no objections have been filed.
The court has reviewed the report and recommendation, and
agrees with the recommendation of the magistrate judge. The report
and recommendation (Doc. 2) is adopted.

This action is hereby

dismissed pursuant to 28 U.S.C. §1915(e)(2)(B)(ii) for failure to
state a claim for which relief may be granted.

The clerk shall

enter judgement dismissing this case.

Date: June 17, 2016

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

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