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.)

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. § 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