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Fishbein v. Ohio Department of Rehabilitation & Corrections

United States District Court, Sixth Circuit

August 29, 2013

ROBERT J. FISHBEIN, Plaintiff,
v.
OHIO DEPARTMENT OF REHABILITATION & CORRECTIONS, et al., Defendants.

ORDER

GREGORY L. FROST, District Judge.

This matter is before the Court for consideration of the Magistrate Judge's August 7, 2013 Report and Recommendation. (ECF No. 11.) In that filing, the Magistrate Judge conducted an initial screen of Plaintiff's Complaint under 28 U.S.C. §§ 1915(e)(2) and 1915A and recommended that the Court dismiss Plaintiff's claims against the Ohio Department of Rehabilitation and Corrections ("ODRC") and transfer the remainder of the action to the United States District Court for the Northern District of Ohio, Western Division, at Toledo. In regard to the first course of recommended action, the Magistrate Judge explained that "Plaintiff has failed to state plausible claims for relief against ODRC." (ECF No. 11, at Page ID # 45.) In regard to the second course of recommended action, the Magistrate Judge explained that venue was improper. The Report and Recommendation also advised that the failure to object within fourteen days would "result in a waiver of the right to de novo review by the District Judge and waiver of the right to appeal the judgment of the District Court." ( Id. at Page ID # 47.)

The Court has reviewed the Report and Recommendation. Noting that no objections have been filed, [1] that the time for filing such objections has expired, and that the Magistrate Judge's reasoning is correct, the Court ADOPTS the Report and Recommendation, DISMISSES Plaintiff's claims against ODRC pursuant to 28 U.S.C. §§ 1915(e) and 1915A, and TRANSFERS the remainder of this action ...


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