Thompson v. Brown et al

Filing 8

ORDER ADOPTING and AFFIRMING the REPORT AND RECOMMENDATION 4 in that Plaintiff's Complaint is DISMISSED for failure to state a claim. Signed by Judge George C. Smith on 9/27/17. (sem)(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
LOWELL W. THOMPSON,
Plaintiff,
vs.

Case No.: 2:17-cv-721
JUDGE GEORGE C. SMITH
Magistrate Judge Vascura

CHRISTOPHER J. BROWN, et al.,
Defendants.

ORDER
On August 21, 2017, the United States Magistrate Judge issued a Report and
Recommendation recommending that Plaintiff’s Application to Proceed In Forma Pauperis be
denied and that he be granted thirty days to either pay the Court’s filing fee or submit the proper
documentation. (See Report and Recommendation, Doc. 2). On September 5, 2017, Plaintiff
paid the filing fee. Therefore, the August 21, 2017 Report and Recommendation is now moot.
The Magistrate Judge then conducted an initial screen and issued a second Report and
Recommendation, recommending that the Court dismiss this case pursuant to § 1915(e)(2) for
failure to state a claim upon which relief may be granted. (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.
(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 objects to the Magistrate Judge’s dismissal of his case and
continues to assert that Defendants conspired to violate his rights. However, he has not
sufficiently pled a constitutional claim against them. 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 4, is ADOPTED and AFFIRMED.
Plaintiff’s Complaint is hereby DISMISSED for failure to state a claim.
The Clerk shall remove Documents 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

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