Brown v. Venable et al

Filing 14

ORDER ADOPTING and AFFIRMING the 4 REPORT AND RECOMMENDATION in that Plaintiffs Motion for Leave to Proceed in forma Pauperis is GRANTED. Theindividuals listed on Plaintiffs Complaint as witnesses are hereby DISMISSED. Plaintiff may proceed with his excessive force claim against Defendant Venable. Signed by Judge George C. Smith on 10/11/18. (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
IZELL BROWN, JR.,
Plaintiff,
vs.

Case No.: 2:18-cv-569
JUDGE GEORGE C. SMITH
Magistrate Judge Vascura

FRANCIS T. VENABLE, et al.,
Defendants.

ORDER
On June 11, 2018, the United States Magistrate Judge issued an Order and Report and
Recommendation recommending that the Plaintiff’s Motion for Leave to Proceed in forma
Pauperis be granted and that the Court permit Plaintiff to proceed on his excessive force claim
against Defendant Venable and to the extent Plaintiff intends to pursue claims against the
individuals listed as witnesses, any claims against those individuals be dismissed for failure to
state a claim on which relief may be granted. (See Order and Report and Recommendation, Doc.
4). The parties were advised of their right to object to the Order and Report and
Recommendation. This matter is now before the Court on Plaintiff’s Objections to the Order and
Report and Recommendation and Order. (See Doc. 5). The Court will consider the matter de
novo. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3).
In Plaintiff’s objections, he further explains that the other five individuals named are
merely witnesses and requests subpoenas be served on them. Also, in his objections, Plaintiff
requests a temporary restraining order. However, these requests are not properly before the
Court. Therefore, the requests are denied, subject to refiling as a proper motion.

Therefore, for the reasons stated in detail in the Order and Report and Recommendation,
this Court finds that Plaintiff’s objections are without merit and are hereby OVERRULED.
The Order and Report and Recommendation, Document 4, is ADOPTED and
AFFIRMED. Plaintiff’s Motion for Leave to Proceed in forma Pauperis is GRANTED. The
individuals listed on Plaintiff’s Complaint as witnesses are hereby DISMISSED. Plaintiff may
proceed with his excessive force claim against Defendant Venable.
The Clerk shall remove Documents 4 and 5 from the Court’s pending motions list.
IT IS SO ORDERED.
/s/ George C. Smith__________________
GEORGE C. SMITH, JUDGE
UNITED STATES DISTRICT COURT

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