Al v. Horton et al

Filing 6

ORDER ADOPTING REPORT AND RECOMMENDATIONS. This case is DISMISSED for lack of subject matter jurisdiction. Signed by Judge Algenon L. Marbley on 6/9/2016. (cw)(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
ASIPI AL,
Plaintiff,
v.
TIMOTHY HORTON, et al.,
Defendants.

:
:
:
:
:
:
:
:
:

Case No. 16-CV-407
JUDGE ALGENON L. MARBLEY
Magistrate Judge Deavers

ORDER
Before the Court is United States Magistrate Judge's Report and Recommendation
(Doc. 3). After granting Plaintiff leave to proceed in forma pauperis, the magistrate screened
Plaintiff’s Complaint to identify cognizable claims and to recommend any of Plaintiff’s
Complaint that fails to state a claim upon which relief may be granted. See 28 U.S.C. §
1915(e)(2). On May 10, 2016, the Magistrate Judge recommended that the Court DISMISS
Plaintiff’s claims against Defendants for failure to assert any claim over which this Court has
subject matter jurisdiction. (Doc. 3 at 1.) The magistrate so ruled for three reasons: (1) because
Plaintiff’s Complaint amounted to an appeal of a state court judgment in violation of the RookerFeldman doctrine (see Exxon Mobil Corp. v. Saudi Basic Industries Corp., 544 U.S. 280, 284
(2005)); (2) because Plaintiff’s Complaint did not invoke a federal question; and (3) because
both Plaintiff and Defendants are citizens of Ohio.
The Report and Recommendation specifically advises the parties that the failure to object
to the Report and Recommendation within fourteen days results in a waiver of the right to have
the District Judge review the Report and Recommendation de novo, and also operates as a waiver

1

of the right to appeal the decision of the District Court. (Doc. 3 at 6.) No objection has been
filed. The deadline for objections lapsed on May 24, 2016.
The Court hereby ADOPTS the Report and Recommendation based on the independent
consideration of the analysis therein. Accordingly, it DISMISSES Plaintiff's Complaint for lack
of subject matter jurisdiction.
IT IS SO ORDERED.

Dated: June 9, 2016

s/Algenon L. Marbley
ALGENON L. MARBLEY
UNITED STATES DISTRICT COURT

2