Gilmore v. Russian et al
ORDER adopting 4 Report and Recommendation. Plaintiff's complaint is hereby dismissed and as such, 6 Motion to Amend/Correct and 7 Motion to Appoint Counsel are DENIED AS MOOT. Signed by Judge George C. Smith on 6/19/2017. (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
Case No.: 2:16-cv-1133
JUDGE GEORGE C. SMITH
Magistrate Judge Jolson
RUSSIAN, et al.,
On May 3, 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 and that Plaintiff’s Complaint be dismissed as frivolous pursuant to 28 U.S.C. §
1915A(a). (See Order and Report and Recommendation, Doc. 4). The parties were advised of
their right to object to the Order and Report and Recommendation. This matter is now before
the Court on Plaintiff’s Objections to the Order and Report and Recommendation. (See Doc. 5).
Plaintiff has also filed a Motion to Correct the spelling of Defendant’s name, Rushing instead of
Russian. Further, Plaintiff moves this Court to appoint counsel. (See Docs. 6 and 7).
Plaintiff’s objections to the Order and Report and Recommendation are the same
arguments made in his Statement of Fact and Statement of Claims. These arguments were
already considered by the Magistrate Judge in the Order and Report and Recommendation.
These general objections are not sufficient to preserve any issues for reviews, and “[a] general
objection to the entirety of the magistrate’s report has the same effects as would a failure to
objection.” Howard v. Sec’y of H.H.S., 932 F.2d 505, 509 (6th Cir. 1991). Therefore, for the
reasons stated in detail 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, Document 4, is hereby ADOPTED and
AFFIRMED. Plaintiff’s Complaint is hereby dismissed. As a result of the dismissal of this
case, Plaintiff’s Motion to Correct and Motion to Appoint Counsel are DENIED AS MOOT.
The Clerk shall remove Documents 4, 5, 6, and 7 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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