Harris v. Sowers et al
ORDER adopting Report and Recommendations re 8 Report and Recommendations, and dismisses the retaliation claim against Jill Gillespie, and permits plaintiff to proceed on the remainder of his claims. Signed by Judge James L. Graham on 12/19/2016. (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
Case No. 2:16-cv-888
Aaron Sowers, et al.,
Plaintiff alleges that the prison mail room mishandled a letter
institutional inspector, retaliated against him for using the
grievance procedure to complaint about the mishandling of his mail
by misrepresenting facts to the Correctional Institution Inspection
investigate his claims. On November 14, 2016, the magistrate judge
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).
magistrate judge concluded that plaintiff’s complaint fails to
state a retaliation claim against Gillespie for which relief could
The magistrate judge recommended that the retaliation
claims against Gillespie be dismissed, but that plaintiff be
permitted to proceed with his remaining claims.
The report and recommendation specifically advised the parties
that the failure to object to the report and recommendation within
fourteen days would 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. 8, pp. 7-8.
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. 8) is adopted.
The retaliation claims
against Gillespie are hereby dismissed pursuant to 28 U.S.C.
§1915(e)(2)(B) for failure to state a claim for which relief may be
Plaintiff shall be permitted to proceed on his remaining
The clerk is directed to send a copy of this order to the
Ohio Attorney General’s Office, 150 E. Gay St., 16th Floor,
Columbus, Ohio 43215.
Date: December 19, 2016
s/James L. Graham
James L. Graham
United States District Judge
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