Kitchen v. Lucasville Correctional Institution

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION - CINCINNATI MICHAEL A. KITCHEN, : Case No. 1:22-cv-500 Plaintiff, Judge Matthew W. McFarland : Magistrate Judge Peter B. Silvain, Jr. v. LUCASVILLE CORRECTIONAL INSTITUTION, et al., Defendants.

ENTRY AND ORDER ADOPTING REPORT AND RECOMMENDATION (Doc. 5) The Court has reviewed the Report and Recommendation of United States Magistrate Judge Peter B. Silvain, Jr. (Doc. 5), to whom this case is referred pursuant to 28 U.S.C. § 636(b). Noting that no objections have been filed and the time for filing such objections under Fed. R. Civ. P.72(b) has expired, the Court hereby ADOPTS said Report and Recommendation in its entirety.

Accordingly, the Court ORDERS the following: 1. Plaintiff Kitchen MAY PROCEED, at this time, on his Eight Amendment excessive force claim against Defendants Corns and Romine in their individual capacities.

2. The remaining claims are DISMISSED, including the claims for damages against Defendants Corns and Romine in their official capacities, and all claims against the Lucasville Correctional Institution and the Ohio Department of Corrections/ODRC, pursuant to 28 U.S.C. §§ 1915A(b) and 1915(e)(2)(B).

3. Pursuant to U.S.C. § 1915(a), it is hereby CERTIFIED that any appeal of this Order would not be taken in good faith and that Plaintiff should be denied leave to appeal in forma pauperis. See McGore v. Wrigglesworth, 114 F.3d 601 (6th Cir. 1997).

IT IS SO ORDERED.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO Weds By: JUDGE MATTHEW W. McFARLAND