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.)

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

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