Sinkovitz v. Bryan Cook et al

Filing 13

ORDER ADOPTING and AFFIRMING the REPORT AND RECOMMENDATION 6 in that Plaintiffs Complaint is hereby DISMISSED for failure to state a claim. Signed by Judge George C. Smith on 4/25/18. (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
PAUL SINKOVITZ,
Plaintiff,
vs.

Case No.: 2:18-cv-210
JUDGE GEORGE C. SMITH
Magistrate Judge Vascura

BRYAN COOK, WARDEN, et al.,
Defendants.
ORDER
On March 28, 2018, the United States Magistrate Judge issued a Report and
Recommendation recommending that Plaintiff’s Complaint be dismissed for failure to state a
claim. (See Report and Recommendation, Doc. 6). Shortly thereafter, Plaintiff filed a Motion
for Release from Prison and Request for Appointment of Counsel (Doc. 8) and the Magistrate
Judge issued an Order and Report and Recommendation on that Motion as well. (Doc. 9).
The parties were advised of their right to object to the Report and Recommendations.
This matter is now before the Court on Plaintiff’s Objections to both Report and
Recommendations. (See Docs. 7, 10, and 11). 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 initial objections, Plaintiff moves the Court for a hearing and asks for Magistrate
Judge Vascura to be removed. In a subsequent motion, he again demands to be heard. Further,
in another objection, Plaintiff generally argues that his civil rights and the right to due process
are being violated and that his incarceration is the result of a corrupt practice.

Despite filing multiple documents, Plaintiff has failed to set forth any arguments as to
why he believes the findings in the Report and Recommendations are incorrect. He merely
makes general arguments that rulings are wrong.
Therefore, for the reasons stated above and as set forth in detail in both of Magistrate
Judge Vascura’s Report and Recommendations, this Court finds that Plaintiff’s objections are
without merit and are hereby OVERRULED.
The Report and Recommendations, Documents 6 and 9, are ADOPTED and
AFFIRMED. Plaintiff’s Complaint is hereby DISMISSED for failure to state a claim.
The Clerk shall remove Documents 6, 8, and 9 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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