Fields v. Muskingum County Adult Parole Authority (Eric Guamer) et al, No. 2:2021cv00160 - Document 7 (S.D. Ohio 2021)

Court Description: OPINION and ORDER - Plaintiff's motion is GRANTED, and the R&R is ADOPTED. Plaintiff's Complaint is DISMISSED WITHOUT PREJUDICE. Signed by Judge Michael H. Watson on 3/15/2021. (jk) (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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Fields v. Muskingum County Adult Parole Authority (Eric Guamer) et al Doc. 7 Case: 2:21-cv-00160-MHW-KAJ Doc #: 7 Filed: 03/15/21 Page: 1 of 1 PAGEID #: 46 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION Gerald D. Fields, Plaintiff, Case No. 2:21-cv-160 v. Judge Michael H. Watson Muskingum County Adult Parole Authority (Eric Guamer), et al., Magistrate Judge Jolson Defendants. ORDER On February 24, 2021, Magistrate Judge Jolson issued a Report and Recommendation (“R&R”) recommending that the Court dismiss Plaintiff’s Complaint, which alleges a procedural due process claim, for failure to state a claim. R&R, ECF No. 5. Specifically, the R&R concludes that Plaintiff fails to state a procedural due process claim because he failed to allege the inadequacy of state post-deprivation remedies. Id. The R&R notified the parties of their right to object to the same and of the consequences for failing to do so. In response to the R&R, Plaintiff moves to voluntarily dismiss his Complaint without prejudice. Mot. Dismiss, ECF No. 6. Plaintiff’s motion is GRANTED, and the R&R is ADOPTED. Plaintiff’s Complaint is DISMISSED WITHOUT PREJUDICE. IT IS SO ORDERED. __/s/ Michael H. Watson_______________ MICHAEL H. WATSON, JUDGE UNITED STATES DISTRICT COURT Dockets.Justia.com

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