Tolliver v. Noble et al

Filing 14

ORDER ADOPTING AND AFFIRMING 11 REPORT AND RECOMMENDATION. Plaintiff's Complaint is hereby DISMISSED for failure to state a claim. All pending motions and this case are terminated. Signed by Judge George C. Smith on 3/8/2017. (agm)(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
KEVIN A. TOLLIVER,
Plaintiff,
vs.

Case No.: 2:16-cv-1020
JUDGE GEORGE C. SMITH
Magistrate Judge Jolson

WARDEN NOBEL, et al.,
Defendants.

ORDER
On January 13, 2017, the United States Magistrate Judge issued an Order and Report and
Recommendation recommending that Plaintiff’s Motion for Leave to Proceed in forma pauperis
be granted; Plaintiff’s Motion for Temporary Restraining Order be denied and Plaintiff’s
Complaint be dismissed for failure to state a claim upon which relief may be granted. (See
Report and Recommendation, Doc. 11). The parties were advised of their right to object to the
Report and Recommendation. This matter is now before the Court on Plaintiff’s Objections to
the Report and Recommendation. (See Doc. 12). The Court will consider the matter de novo.
See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3).
Plaintiff objects to the Magistrate Judge’s Order and Report and Recommendation, by
arguing that he has filed a Motion to Amend his Complaint, but actually he has filed a Motion
for Extension of Time to file an Amended Complaint, which has been received and docketed by
the Court as ECF No. 13. Plaintiff’s objections attempt to summarize his claim(s),: “violat[ion]
of my U.S. Constitutional Rights under the First, Eighth and Fourteenth Amendments” and “I

filed grievances against said conduct and exhausted administrative remedies on November 29,
2016.” (ECF No. 12, Pl.’s Objs. at 2). However, Plaintiff’s objections present the same issues
presented to and considered by the Magistrate Judge in the Order and Report and
Recommendation. He has failed to establish any basis for reconsideration of the Magistrate
Judge’s conclusions that his Complaint fails to state a claim which relief may be granted by this
Court. Therefore, for the reasons stated in the Order and Report and Recommendation, this
Court finds that Plaintiff’s objections are without merit and are hereby OVERRULED.
The Order and Report and Recommendation, ECF No. 11, is ADOPTED and
AFFIRMED. Plaintiff’s Complaint is hereby DISMISSED for failure to state a claim. Further,
Plaintiff’s Motion for Extension of Time to File an Amended Complaint is DENIED AS
MOOT.
The Clerk shall remove Documents 2, 5, 11, and 13 from the Court’s pending motions
list. The Clerk shall terminate this case.
IT IS SO ORDERED.
/s/ George C. Smith__________________
GEORGE C. SMITH, JUDGE
UNITED STATES DISTRICT COURT

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