Harris v. Sowers et al

Filing 9

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
EASTERN DIVISION
Lionel Harris,
Plaintiff,
v.

Case No. 2:16-cv-888

Aaron Sowers, et al.,
Defendants.
ORDER
Plaintiff,
employees

at

an

Ohio

the

inmate,

Madison

brings

Correctional

this

action

Institution

against
(“MCI”).

Plaintiff alleges that the prison mail room mishandled a letter
sent

to

him

by

his

wife,

and

that

Jill

Gillespie,

MCI’s

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
Committee

of

the

Ohio

General

Assembly

and

by

failing

to

investigate his claims. On November 14, 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 retaliation claim against Gillespie for which relief could
be granted.

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
granted.

Plaintiff shall be permitted to proceed on his remaining

claims.

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

2