Jennings v. Jpay Inc

Filing 8

ORDER adopting 2 Report and Recommendations. Plaintiff's Complaint is hereby DISMISSED for failure to state a claim. 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.)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION ALPHONSO JENNINGS, Plaintiff, vs. Case No.: 2:17-cv-328 JUDGE GEORGE C. SMITH Magistrate Judge Jolson JPAY INC., Defendant. ORDER On May 5, 2017, the United States Magistrate Judge issued a Report and Recommendation recommending that Plaintiff’s Complaint be dismissed for failure to state a claim upon which relief may be granted. (See Report and Recommendation, Doc. 2). 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. 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 considered by the Magistrate Judge in the Report and Recommendation. Plaintiff objects to the Magistrate Judge’s dismissal of his case and continues to assert the reasons why he believes he has a claim against JPay Inc. Specifically, Plaintiff challenges the dismissal of his § 1983 claims by asserting Defendant JPay is a private company acting as an official of the state. However, Plaintiff has not sufficiently pled a constitutional claim against JPay. He has not established how JPay’s actions are attributable to the state. Plaintiff’s Complaint still fails to state a claim for relief that is plausible on its face. Therefore, for the reasons stated in the Report and Recommendation, this Court finds that Plaintiff’s objections are without merit and are hereby OVERRULED. The Report and Recommendation, Document 2, is ADOPTED and AFFIRMED. Plaintiff’s Complaint is hereby DISMISSED for failure to state a claim. The Clerk shall remove Documents 2 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

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