Hendrix v. Ohio Department of Rehabilitation & Corrections et al

Filing 6

ORDER ADOPTING AND AFFIRMING the REPORT AND RECOMMENDATION 5 in that this case is DISMISSED. Plaintiff's federal claims are hereby dismissed pursuant to 28 U.S.C. §§1915(e)(2)(B)(ii) for failure to state a claim on which relief may b e granted. Further, Plaintiff's state law claims are hereby dismissed without prejudice to filing in state court. Signed by Judge George C. Smith on 06/20/2019. (mdr)(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

HOMER HENDRIX, III,
Plaintiff,
Case No.: 2:19-cv-1348
JUDGE GEORGE C. SMITH
Magistrate Judge Vascura

vs.

OHIO DEPARTMENT OF
REHABILITATION AND
CORRECTIONS, et al.,
Defendants.
ORDER
On May 30, 2019, the United States Magistrate Judge issued a Report and
Recommendation recommending that the Court dismiss Plaintiff’s federal claims for failure to
state a claim on which relief may be granted pursuant to 28 U.S.C. §1915(e)(2)(B)(ii) and
dismiss Plaintiff’s state-law claims without prejudice to filing in state court. (See Report and
Recommendation, Doc. 5). The parties were advised of their right to object to the Report and
Recommendation and of the consequences of their failure to do so. There has nevertheless been
no objection to the Report and Recommendation.
The Report and Recommendation is hereby ADOPTED and AFFIRMED.
Plaintiff’s Complaint is hereby dismissed. Plaintiff’s federal claims are hereby dismissed
pursuant to 28 U.S.C. §§1915(e)(2)(B)(ii) for failure to state a claim on which relief may be
granted. Further, Plaintiff’s state law claims are hereby dismissed without prejudice to filing in
state court.

The Clerk shall remove Document 5 from the Court’s pending motions list and close this
case.
IT IS SO ORDERED.
/s/ George C. Smith__________________
GEORGE C. SMITH, JUDGE
UNITED STATES DISTRICT COURT

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