Helfinstine v. Lawless et al, No. 1:2018cv00679 - Document 7 (S.D. Ohio 2018)

Court Description: DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE (Doc. 5 ) signed by Judge Timothy S. Black on 12/11/2018. The Complaint is DISMISSED with prejudice pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b)(1), wit h the exception of Plaintiffs First Amendment retaliation claim against Defendant Lawless and his Eighth Amendment claims against Defendants Lawless, Lewis, and Steven. (eh)(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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Helfinstine v. Lawless et al Doc. 7 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION SCOTT W. HELFINSTINE, Plaintiff, vs. MR. LAWLESS, et al., Defendants. : : : : : : : Case No. 1:18-cv-679 Judge Timothy S. Black Magistrate Judge Karen L. Litkovitz DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 5) This case is before the Court pursuant to the Order of General Reference to United States Magistrate Judge Karen L. Litkovitz. Pursuant to such reference, the Magistrate Judge reviewed the pleadings filed with this Court and, on October 22, 2018, submitted a Report and Recommendation (Doc. 5). 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 the Report and Recommendation should be and is hereby adopted in its entirety. Accordingly: 1. The Magistrate Judge’s Report and Recommendation (Doc. 5) is ADOPTED; and 2. The Complaint is DISMISSED with prejudice pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b)(1), with the exception of Plaintiff’s First Amendment retaliation claim against Defendant Lawless and his Eighth Amendment claims against Defendants Lawless, Lewis, and Steven. Dockets.Justia.com IT IS SO ORDERED. Date: 12/11/18 Timothy S. Black United States District Judge 2

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