Cramer v. State Of Ohio

Filing 6

ORDER adopting Report and Recommendations re 4 Report and Recommendations.. Signed by Judge James L. Graham on 2/27/2018. (ds)(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
Paul Cramer,
Plaintiff,
v.

Case No. 2:18-cv-63

State of Ohio,
Defendant.
ORDER
This is an action filed pursuant to 42 U.S.C. §1983 by Paul
Cramer, a pro se plaintiff, against the State of Ohio.

Plaintiff

alleges that his due process rights were violated when a state
common pleas judge sentenced him to a period of community control
of five years rather than four years, as contemplated by the plea
agreement,

and

that

investigation report.

the

judge

did

not

order

a

presentence

This matter is before the court on the

February 9, 2018, report and recommendation of the magistrate
judge.

The magistrate judge conducted an initial screen pursuant

to 28 U.S.C. §1915(e)(2).

The magistrate judge concluded that

plaintiff’s claims, which attack his state-court conviction, are
barred under Heck v. Humphrey, 512 U.S. 477 (1994), and recommended
dismissal of the complaint for failure to state a claim upon which
relief may be granted.
The report and recommendation specifically advised plaintiff
that the failure to object to the report and recommendation within
fourteen days would result in a “waiver of the right to de novo
review by the District Judge and waiver of the right to appeal the
judgment of the District Court.”

Doc. 4, p. 5.

The time period

for filing objections to the report and recommendation has expired,

and plaintiff has not objected to the report and recommendation.
The court has reviewed the report and recommendation and
agrees with the recommendation of the magistrate judge.
adopts

the

report

and

recommendation

(Doc.

4).

The court

Plaintiff’s

complaint is dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii)
for failure to state a claim upon which relief may be granted.

Date: February 27, 2018

s/James L. Graham
James L. Graham
United States District Judge