Vehr v. State of Ohio

Filing 10

ORDER adopting 3 the Report and Recommendation. Signed by Judge Michael H. Watson on 10/17/13. (jk1)

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. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION Skye H. Vehr, Plaintiff, v. 2: 13-cv-684 State of Ohio, Judge Michael H. Watson Defendant. ORDER Magistrate Judge Abel screened this pro se § 1983 case under 28 U.S.C. § 1915(e)(2) and issued a report and recommendation ("R&R") which recommended granting Plaintiff's motion to proceed in forma pauperis but recommended dismissing the complaint due to sovereign immunity. R&R 1, ECF No.3. Plaintiff objects to the R&R arguing: (1) her complaint was misfiled, as it was supposed to be filed in the "Federal Federal Court, Not in the DISTRICT Court," (2) the inclusion of a Magistrate Judge amounts to undue process, (3) Plaintiff wants to overturn sovereign immunity in this case, (4) Plaintiff states cognizable claims under the Ungovernable Action Statute; (5) sovereign immunity has been overturned in at least one case, (6) if there is a filing error, the Magistrate Judge should have notified Plaintiff. • The Court has considered Plaintiff's objections and finds them meritless. The Court OVERRULES Plaintiff's objections, ADOPTS the R&R, and DISMISSES the case pursuant to 28 U.S.C. § 1915(e)(2). IT IS SO ORDERED. ICHAEL H. 'A SON, JUDGE UNITED STATES DISTRICT COURT

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