Williams v. Kasich et al

Filing 10

ORDER ADOPTING REPORT AND RECOMMENDATIONS - The Court orders the Complaint herein DISMISSED without prejudice for want of prosecution. Signed by Judge Thomas M. Rose on 9-3-2015. (de)(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
WESTERN DIVISION AT DAYTON
MELODY WILLIAMS,
Petitioner,

:

- vs -

Case No. 3:15-cv-254
District Judge Walter Herbert Rice
Magistrate Judge Michael R. Merz

GOVERNOR JOHN KASICH, et al.,
:
Respondents.

DECISION AND ORDER ADOPTING REPORT AND
RECOMMENDATIONS

This case is before the Court on the Magistrate Judge’s Report and Recommendations of
July 28, 2105 (ECF No. 3). Because the Plaintiff sought release from custody for herself and all
similarly-situated Ohio women inmates, the Magistrate Judge concluded the case was required to
be brought in habeas corpus, rather than under 42 U.S.C. § 1983. Id. at PageID 52. Plaintiff was
then ordered to re-file in habeas corpus. Id. The Magistrate Judge warned that if this were not
done, the case would be dismissed for want of jurisdiction. Id.
Instead of filing an individual habeas corpus action, Plaintiff moved to amend, again
seeking class action relief on behalf of herself on behalf of all Ohio inmates represented by
counsel under the Ohio Public Defender system (ECF No. 6).

On August 17, 2015, the

Magistrate Judge denied the Motion to Amend in a detailed decision (ECF No. 7).
Ms. Williams has neither complied with nor objected to the Report and
Recommendations. Nor has she objected to the denial of her Motion to Amend. The Court
1

accordingly finds the Report and Recommendations well taken. The Complaint herein is ordered
DISMISSED without prejudice for want of prosecution.
September 2, 2015.
*s/Thomas M. Rose

_____________________________
Thomas M. Rose
United States District Judge

2