Lewis v. Ohio et al

Filing 5

OPINION and ORDER adopting and affirming 3 the Report and Recommendation. Signed by Judge Michael H. Watson on 11/14/17. (jk) (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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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION DEMARICK C. LEWIS, Plaintiff, V. Case No. 2:17-mc-45 OHIO, et al., Judge Michael H. Watson Defendants. Magistrate Judge Jolson OPINION AND ORDER Demarick 0. Lewis ("Plaintiff) filed a motion for leave to proceed in forma pauperis, EOF No. 1, along with an affidavit titled "Declaration of Nationality," on July 26, 2017. Plaintiff has not filed a complaint or other pleading with the affidavit. Magistrate Judge Jolson conducted an initial screen of this case on July 31, 2017, pursuant to 28 U.S.C. ยง 1915(e)(2) and issued a report and recommendation ("R&R") recommending the Court dismiss the action for failure to state a claim on which relief may be granted. R&R, EOF No. 3. Magistrate Judge Jolson found that "Plaintiff fails to allege any coherent facts and it is unclear what relief, if any, is sought." The R&R also detailed the procedures Plaintiff must follow to object to the R&R, which included an explanation of the rule that objections must be filed within fourteen (14) days of the date of the R&R. Piaintifffiled an untimely objection to the R&R on August 24, 2017. EOF No. 4. "A failure to file timely objections not only waives the right to de novo review of a Magistrate Judge's Report and Recommendation, but dispenses with the need for the district court to conduct any review." Jones v. Warden, Ross Corr. Inst, No. 2:11-cv-0871, 2013 U.S. Dist. LEXIS 169658, at *5 (S.D. Ohio Dec. 2, 2013) (citations omitted). Because Plaintiffs objection was untimely filed, the Court need not undertake a review of the R&R. Therefore, Plaintiffs objection is OVERRULED, the R&R is ADOPTED AND AFFIRMED, and the case is DISMISSED WITH PREJUDICE for failure to state a claim on which relief may be granted. IT IS SO ORDERED. MICHAEL H. WATSON, JUDGE UNITED STATES DISTRICT COURT Case No. 2:17-mc-45 Page 2 of 2

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