Pettus-Brown v. Adult Parole Authority et al

Filing 65

ORDER ADOPTING and AFFIRMING the 62 REPORT AND RECOMMENDATION in that Plaintiff's Request for Judicial Notice of Adjudicative Facts is GRANTED. Defendants' Motion for Judgment on the Pleadings is GRANTED. Plaintiff's Complaint is hereby DISMISSED without prejudice. Signed by Judge George C. Smith on 5/9/19. (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
LA SHAWN PETTUS-BROWN,
Plaintiff,
vs.

Case No.: 2:18-cv-82
JUDGE GEORGE C. SMITH
Magistrate Judge Jolson

ADULT PAROLE AUTHORITY, et al.,
Defendants.
ORDER
On April 2, 2019, the United States Magistrate Judge issued a Report and
Recommendation recommending that Defendants’ Motion for Judgment on the Pleadings be
granted and that Plaintiff’s Complaint be dismissed without prejudice. (See Report and
Recommendation, Doc. 62). It was also recommended that Plaintiff’s Request for Judicial
Notice of Adjudicative Facts be granted. 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. 63). Defendants have also filed a Response. (Doc.
64). 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 continues to argue that Ohio’s Post-Release Control statute,
Ohio Revised Code §2967.28, which he claims he has been subjected to, is unconstitutional.
Despite Plaintiff’s continued argument that he is not challenging his current sentence or his
underlying conviction, he is essentially seeking to invalidate a portion of his sentence by
challenging the aforementioned statute. And for this reason, the Magistrate Judge’s findings are

correct that Plaintiff’s claims in this case are barred by Heck v. Humphrey, 512 U.S. 477 (1994).
Therefore, for the reasons stated above and as set forth in detail in the Report and
Recommendation, this Court finds that Plaintiff’s objections are without merit and are hereby
OVERRULED.
The Report and Recommendation, Document 62, is ADOPTED and AFFIRMED.
Plaintiff’s Request for Judicial Notice of Adjudicative Facts is GRANTED. Defendants’
Motion for Judgment on the Pleadings is GRANTED. Plaintiff’s Complaint is hereby
DISMISSED without prejudice.
The Clerk shall remove Documents 40, 47, 62, and 63 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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