Martin v. Kasich et al

Filing 7

ORDER ADOPTING and AFFIRMING the REPORT AND RECOMMENDATION 5 in that Plaintiff's Complaint is DISMISSED for failure to state a claim. Signed by Judge George C. Smith on 2/1/18. (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
WILLIAM E. MARTIN,
Plaintiff,
vs.

Case No.: 2:17-cv-1145
JUDGE GEORGE C. SMITH
Magistrate Judge Deavers

JOHN R. KASICH, et al.,
Defendants.
ORDER
On January 9, 2018, the United States Magistrate Judge issued an Order and Initial
Screen Report and Recommendation recommending that Plaintiff’s Motion for Leave to Proceed
In Forma Pauperis be granted and that Plaintiff’s Complaint be dismissed for failure to state a
claim. (See Report and Recommendation, Doc. 5).
The parties were advised of their right to object to the Order and Initial Screen Report
and Recommendation. This matter is now before the Court on Plaintiff’s Objections to the Order
and Initial Screen 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).
In his objections, Plaintiff asks for counsel to be appointed because he is losing his
eyesight and is disabled. However, due to the recommendation that this matter be dismissed, the
Court does not find that counsel should be appointed in this case and the request is denied.
Plaintiff also raises a new claim that was not asserted in his Complaint, that Defendants have
denied him his civil rights in post-deprivation remedies. Plaintiff asserts that he is currently
under no sentence in Ohio and should be free. However, this Court has no authority over the

State of Ohio Parole Board. Further, this issue is not properly before the Court as it was not
plead, not considered by the Magistrate Judge in the Order and Initial Screen Report and
Recommendation.
Therefore, for the reasons stated above and as set forth in detail in the Order and Initial
Screen Report and Recommendation, this Court finds that Plaintiff’s objections are without merit
and are hereby OVERRULED.
The Order and Initial Screen Report and Recommendation, Document 5, is ADOPTED
and AFFIRMED. Plaintiff’s Complaint is hereby DISMISSED for failure to state a claim.
The Clerk shall remove Document 5 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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