Guillard et al v. Pyle et al, No. 2:2022cv01960 - Document 15 (S.D. Ohio 2022)

Court Description: OPINION and ORDER adopting 10 the Report and Recommendation. Signed by Judge Michael H. Watson on 9/19/2022. (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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Guillard et al v. Pyle et al Doc. 15 Case: 2:22-cv-01960-MHW-KAJ Doc #: 15 Filed: 09/19/22 Page: 1 of 3 PAGEID #: 316 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION Gezelle Guillard, et al., Plaintiffs, Case No. 2:22-cv-1960 Judge Michael H. Watson V. Tom Pyle, et at., Magistrate Judge Jolson Defendants. OPINION AND ORDER On August 24, 2022, Magistrate Judge Jolson issued a Report and Recommendation ("R&R") granting Plaintiffs motion for leave to proceed in forma pauperis and recommending the Court dismiss some of the claims in Plaintiffs Amended Complaint. R&R, ECF No. 10. Specifically, the R&R recommended that the claims against Athens City Police, Athens County Children Services, Athens County [Sheriffs] [Department], Athens Municipal Courts, Campus Heights, City of Athens, Clerk of Courts, Mike DeWine, Carly Ferguson, Andrew Foster, Ron Hawk, Ross Hotter, Ricky Hylsel. Derrick Johnson. Mandi Knowlton-Cain, Caitlyn McDaniel, Nick McGruder, Steve Patterson, Tom Pyle, Candy Russell, Jeff Skinner, Southeastern Ohio Legal Services, and Dave Yost be dismissed for failure to state a claim. Id. The R&R also recommended that claims against other Defendants, the "School Defendants, " should proceed. Id. at 3. JeffSkinner is listed among the "School Dockets.Justia.com Case: 2:22-cv-01960-MHW-KAJ Doc #: 15 Filed: 09/19/22 Page: 2 of 3 PAGEID #: 317 Defendants. " Id. So, the R&R recommends that the claims against Jeff Skinner should both proceed and be dismissed. Id. at 5. The R&R notified Plaintiff of her right to object to the recommendations therein and that failure to timely object would amount to a waiver of both the right to de novo review by the Undersigned as well as a right to appeal the Court's adoption of the R&R. Id. at 5-6. The deadline for filing such objections has passed, and no objections were filed. Having received no objections, the R&R is ADOPTED IN PART as to all recommendations except those related to Jeff Skinner. The claims against Athens City Police, Athens County Children Services, Athens County Sheriff's Department, Athens Municipal Courts, Campus Heights, City of Athens, Clerk of Courts, Mike DeWine, Carly Ferguson, Andrew Foster, Ron hlawk, Ross Holter, Rickey Hylsel, Derrick Johnson, Mandi Knowlton-Cain, Caitlyn McDaniel, Nick McGruder, Steve Patterson, Tom Pyle, Candy Russell, Southeastern Ohio Legal Services, and Dave Yost are DISMISSEDWITHOUT PREJUDICEfor failure to state a claim. The Court has conducted a de novo review of the Amended Complaint as to only Jeff Skinner. From a review of the Complaint, Jeff Skinner clearly fits within the category of "School Defendants" outlined in the R&R: he was a teacher at the school allegedly involved in mistreatment of Plaintiffs child. See generally Amend Compl., ECF No. 8. So, for the same reasons explained more fully in the R&R, Plaintiffs claims against Jeff Skinner may proceed CaseNo. 2:22-cv-1960 Page 2 of 3 Case: 2:22-cv-01960-MHW-KAJ Doc #: 15 Filed: 09/19/22 Page: 3 of 3 PAGEID #: 318 The Clerk is DIRECTED to terminate the above-listed Defendants and ECFNo. 10. IT IS SO ORDERED. MICHAEL H. WATSON, JUDGE UNITED STATES DISTRICT COURT Case No. 2:22-cv-1960 Page 3 of 3

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