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.)

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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 2

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