Smith v. Lebanon Correctional Institution et al, No. 1:2015cv00195 - Document 25 (S.D. Ohio 2016)

Court Description: DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 24 ). Signed by Judge Timothy S. Black on 8/24/2016. (mr)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

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Smith v. Lebanon Correctional Institution et al Doc. 25 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION CHRISTOPHER J. SMITH, Plaintiff, vs. D. MARION, et al., Defendants. : : : : : : : : : Case No. 1:15-cv-195 Judge Timothy S. Black Magistrate Judge Karen L. Litkovitz DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 24) This case is before the Court pursuant to the Order of General Reference in the United States District Court for the Southern District of Ohio Western Division to United States Magistrate Judge Karen L. Litkovitz. Pursuant to such reference, the Magistrate Judge reviewed the pleadings filed with this Court and, on July 27, 2016, submitted a Report and Recommendation. (Doc. 24). No objections were filed. As required by 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72(b), the Court has reviewed the comprehensive findings of the Magistrate Judge and considered de novo all of the filings in this matter. Upon consideration of the foregoing, the Court does determine that such Report and Recommendations should be and is hereby adopted in its entirety. Accordingly, 1. Defendants’ motion for summary judgment (Doc. 19) is GRANTED and the complaint is DISMISSED without prejudice for failure to exhaust administrative remedies pursuant to 42 U.S.C. § 1997e; Dockets.Justia.com 2. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal of this Order would not be taken in good faith and therefore Plaintiff is denied leave to appeal in forma pauperis; and 3. The Clerk shall enter judgment accordingly, whereupon this case is TERMINATED on the docket of this Court. IT IS SO ORDERED. Date: 8/24/16 s/ Timothy S. Black Timothy S. Black United States District Judge 2

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