Terry et al v. Foreman et al

Filing 16

ORDER: (1) ADOPTING THE REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE (Doc. No. 13 ); (2) DENYING PLAINTIFF CAMILIA T. TERRY'S MOTION SEEKING CLASS CERTIFICATION (Doc. No. 3 ); (3) DISMISSING ALL OF PLAINTIFF'S CLAIMS FOR RELIEF IN TH E AMENDED COMPLAINT (Doc. No. 7 ); (4) SPECIFYING THAT ALL CLAIMS BASED ON CONDUCT THAT ALLEGEDLY OCCURRED PRIOR TO JUNE 17, 2022, AND ALL CLAIMS SET FORTH IN PARAGRAPHS 69 THROUGH 72 OF THE AMENDED COMPLAINT, ARE DISMISSED WITH PREJUDICE AND ALL OT HER CLAIMS ARE DISMISSED WITHOUT PREJUDICE; (5) GRANTING INTERESTED PARTY STATE OF OHIO'S MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Doc. No. 11 ); (6) CERTIFYING THAT ANY APPEAL WOULD NOT BE TAKEN IN GOOD FAITH AND FINDING THAT IN FORMA P AUPERIS STATUS SHOULD BE DENIED ON APPEAL; AND (7) TERMINATING THIS CASE ON THE DOCKET. Signed by Judge Michael J. Newman on 3/11/2025. (acw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON

CAMILIA T. TERRY, et al.,
Plaintiffs,

Case No. 3:24-cv-176

vs.
MARK FOREMAN, et al.,
Defendants.

District Judge Michael J. Newman
Magistrate Judge Stephanie K. Bowman

_______________________________________________________________________________________

ORDER: (1) ADOPTING THE REPORT AND RECOMMENDATION OF THE
MAGISTRATE JUDGE (Doc. No. 13); (2) DENYING PLAINTIFF CAMILIA T. TERRY’S
MOTION SEEKING CLASS CERTIFICATION (Doc. No. 3); (3) DISMISSING ALL OF
PLAINTIFF’S CLAIMS FOR RELIEF IN THE AMENDED COMPLAINT (Doc. No. 7); (4)
SPECIFYING THAT ALL CLAIMS BASED ON CONDUCT THAT ALLEGEDLY
OCCURRED PRIOR TO JUNE 17, 2022, AND ALL CLAIMS SET FORTH IN
PARAGRAPHS 69 THROUGH 72 OF THE AMENDED COMPLAINT, ARE DISMISSED
WITH PREJUDICE AND ALL OTHER CLAIMS ARE DISMISSED WITHOUT
PREJUDICE; (5) GRANTING INTERESTED PARTY STATE OF OHIO’S MOTION TO
DISMISS FOR FAILURE TO STATE A CLAIM (Doc. No. 11); (6) CERTIFYING THAT
ANY APPEAL WOULD NOT BE TAKEN IN GOOD FAITH AND FINDING THAT IN
FORMA PAUPERIS STATUS SHOULD BE DENIED ON APPEAL; AND (7)
TERMINATING THIS CASE ON THE DOCKET

_______________________________________________________________________________________

The Court has reviewed the Report and Recommendation of Magistrate Judge Stephanie K.
Bowman (Doc. No. 13), to whom this case was referred pursuant to 28 U.S.C. § 636(b). The parties
have not filed objections to the Report and Recommendation and the time for doing so under Fed. R.
Civ. P. 72(b) has expired. Upon careful review of the foregoing, and construing Plaintiff Camilia T.
Terry’s pro se allegations in her favor 1, the Court determines that the Report and Recommendation
should be adopted. Accordingly, the Court: (1) ADOPTS the Report and Recommendation of the
Magistrate Judge (Doc. No. 13) in its entirety; (2) DENIES Plaintiff’s motion seeking class

As with all pro se litigants, Terry’s documents and allegations are liberally construed in her favor. See
Erickson v. Pardus, 551 U.S. 89, 94 (2007) (per curiam).

1

certification (Doc. No. 3); (3) DISMISSES all of Plaintiff Terry’s claims for relief in the amended
complaint (Doc. No. 7); (4) SPECIFIES that all claims based on conduct that allegedly occurred
prior to June 17, 2022, and all claims set forth in paragraphs 69 through 72 of the amended complaint,
are DISMISSED WITH PREJUDICE and all other claims are DISMISSED WITHOUT
PREJUDICE; (5) GRANTS Interested Party State of Ohio’s motion to dismiss for failure to state a
claim (Doc. No. 11); (6) CERTIFIES, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal of this
Order would not be taken in good faith, and finds that Plaintiff should be denied in forma pauperis
status on appeal; and (7) TERMINATES this case on the Court’s docket.
IT IS SO ORDERED.
March 11, 2025

s/Michael J. Newman
Hon. Michael J. Newman
United States District Judge