Smith v. Van Winkle et al
Filing
17
ORDER ADOPTING REPORT AND RECOMMENDATIONS. Signed by Judge George C Smith on 10-9-13. (ga)
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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
TICO SMITH,
Plaintiff,
vs.
Case No.: 2:13-cv-784
JUDGE SMITH
Magistrate Judge King
CORRECTIONAL OFFICER
VAN WINKLE, et al.,
Defendants.
ORDER
On August 8, 2013, the United States Magistrate Judge issued a Report and
Recommendation recommending that Plaintiff’s claims against Defendants Braden, Evans, and
Parrish be dismissed for failure to state a claim upon which relief can be granted. Further, that
Plaintiff’s claims against Defendant Van Winkle proceed. (See Report and Recommendation,
Doc. 4). The parties were advised of their right to object to the Report and Recommendation.
This matter is now before the Court on Plaintiff Tico Smith’s Objections to the Report and
Recommendation. (See Doc. 8). The Court will consider the matter de novo. See 28 U.S.C. §
636(b)(1); Fed. R. Civ. P. 72(b)(3).
The objections present the issues presented to and considered by the Magistrate Judge in
the Report and Recommendation. Plaintiff objects to the Magistrate Judge’s finding that his
claims against Defendants Braden, Evans and Parrish are based on an alleged interference with
Plaintiff’s pursuit of internal grievance procedures. Rather, he generally asserts that his claims
address the substantial protections afforded to prisoners pursuant to the Eighth Amendment to
the United States Constitution. However, Plaintiff only alleges that Corrections Officer Van
Winkle subjected him to excessive force. The allegations against the remaining Defendants
pertain to their actions or inactions following Plaintiff’s complaint of excessive force by Van
Winkle. Plaintiff has not offered any new arguments in support of his claims. For the reasons
stated in the Report and Recommendation, this Court finds that the objections are without merit.
The Report and Recommendation, Document 4, is ADOPTED and AFFIRMED.
Plaintiff’s claims against Defendants Braden, Evans, and Parrish are hereby dismissed for failure
to state a claim upon which relief can be granted. Plaintiff’s claims against Defendant Van
Winkle will proceed.
The Clerk shall remove Document 4 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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