Sales v. Hale et al

Filing 8

ORDER adopting Report and Recommendations re 4 Report and Recommendations. Plaintiff's Complaint is Dismissed and Plaintiff's Motion to Waive Strict Compliance is Denied. Signed by Judge George C. Smith on 10/5/2017. (df) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) Modified text on 10/5/2017 (df).

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION ARKMAEL RAY SALES, Plaintiff, vs. Case No.: 2:17-cv-689 JUDGE GEORGE C. SMITH Magistrate Judge Jolson ARTHUR HALE, et al., Defendants. ORDER On August 11, 2017, the United States Magistrate Judge issued a Report and Recommendation and Order recommending that Plaintiff’s application to proceed in forma pauperis be GRANTED and that Plaintiff’s Complaint be dismissed. (See Report and Recommendation, Doc. 4). 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 and Order. (See Doc. 7). 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 again restates all of his claims against the Defendants in this case, but he has failed to objects to sufficiently plead a constitutional claim against the Defendants. He has failed to allege allegations of more than mere negligence against his treating medical professionals. Further, he continues to raise issues with the grievance process for inmates, however, the Magistrate Judge clearly addressed this issue as there is no constitutional right to an effective grievance procedure. Therefore, for the reasons stated in the Report and Recommendation and Order, this Court finds that Plaintiff’s objections are without merit and are hereby OVERRULED. The Report and Recommendation and Order, Document 4, is ADOPTED and AFFIRMED. Plaintiff’s Complaint is hereby DISMISSED for failure to state a claim. Additionally, Plaintiff’s Motion to Waive Strict Compliance is DENIED. The Clerk shall remove Documents 2, 4, 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 2

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