Boddie v. VanSteyn

Filing 7

ORDER ADOPTING 5 REPORT AND RECOMMENDATION. Signed by Judge George C. Smith on 6/6/2017. (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
HOWARD BODDIE, JR.,
Plaintiff,
vs.

Case No.: 2:17-cv-24
JUDGE GEORGE C. SMITH
Magistrate Judge Kemp

SCOTT J. VAN STEYN,
Defendant.

ORDER
On April 11, 2017, the United States Magistrate Judge issued a Report and
Recommendation recommending that Plaintiff’s Motion for Leave to Proceed in forma pauperis
be granted and that Plaintiff’s Complaint be dismissed pursuant to 28 U.S.C. § 1915(e)(2) for
failure to state a claim upon which relief may be granted based on the statute of limitations. (See
Report and Recommendation, Doc. 5). The parties were advised of their right to object to the
Report and Recommendation. This matter is now before the Court on Plaintiff Boddie’s
Objections to the Report and Recommendation. (See Doc. 6). The Court will consider the
matter de novo. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3).
The objections present the same issues presented to and considered by the Magistrate
Judge in the Report and Recommendation. Plaintiff objects to the Magistrate Judge’s conclusion
that his claims are barred by the statute of limitations and specifically that the Ohio’s Savings
Statute does not preserve his claims. As Magistrate Judge Kemp explained, the applicable
statute of limitations for Plaintiff’s claims stemming from the May 2009 actions by Dr. Steyn is
two years. He waited until January 2, 2015 to file his action. Because that action was not timely

filed, then the Ohio Savings Statute cannot preserve his claims. For the reasons stated in detail
in the Report and Recommendation and as set forth above, this Court finds that Plaintiff’s
objections are without merit and are hereby OVERRULED.
The Report and Recommendation, Document 5, is ADOPTED and AFFIRMED.
Plaintiffs’ Complaint is hereby DISMISSED pursuant to 28 U.S.C. § 1915(e)(2) for failure to
state a claim upon which relief may be granted based on the statute of limitations.
The Clerk shall remove Documents 5 and 6 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

2