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In re Jones

United States District Court, S.D. Ohio, Western Division at Dayton
Feb 21, 2006
Case No. 3:06-mc-001 (S.D. Ohio Feb. 21, 2006)

Opinion

Case No. 3:06-mc-001.

February 21, 2006


ENTRY AND ORDER STRIKING DUPLICATE REPORT AND RECOMMENDATIONS (DOC #2), OVERRULING PLAINTIFF'S OBJECTIONS (DOCS. #4 AND #5-1 AND 2) TO THE REPORT AND RECOMMENDATIONS (DOC. #3) OF CHIEF MAGISTRATE JUDGE MICHAEL MERZ, DISMISSING PLAINTIFF'S COMPLAINT WITHOUT PREJUDICE FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED, CASE TERMINATED ON THE DOCKET RECORD OF THIS COURT


This matter comes before the Court pursuant to two documents (Docs. #4 and #5-1 and 2) filed by Plaintiff Lawrence Jones on February 7, 2006 and February 8, 2006. The Court considers these documents Objections to the Report and Recommendations (Docs. #2 and #3) filed by Chief Magistrate Judge Michael R. Merz on January 18, 2006 and January 20, 2006. The Court in its review of the pleadings finds Doc. #2 and Doc. #3 to be identical and considers them duplicates which were mistakenly filed by the Clerk on two separate occasions. The Court ORDERS Doc. #2 struck.

Said Report and Recommendations (Doc. #3) recommends that this Court dismiss without prejudice the Plaintiff's complaint due to the fact that the document is incoherent and fails to state a claim upon which relief can be granted.

Plaintiff filed two documents (Docs. #4 and #5-1 and 2) which this Court considers Objections to the Report and Recommendations (Doc. #3). Although the Court makes this conclusion, these documents (Docs. #4 and #5-1 and 2) are also incoherent.

The Court has reviewed the comprehensive findings of the Chief Magistrate Judge and pursuant to 28 U.S.C. Section 636(b) and Fed.R.Civ.P. 72(b) this District Judge has made a de novo review of the record in this case. Upon consideration of the foregoing, the Court finds Plaintiff's Objections (Docs. #4 and #5-1 and 2) are not well-taken and are hereby OVERRULED.

Accordingly, the Chief Magistrate Judge's Report and Recommendations (Doc. #3) are ADOPTED in their entirety.

IT IS ORDERED and ADJUDGED that the Plaintiff's Complaint is DISMISSED, without prejudice.

IT IS SO ORDERED.


Summaries of

In re Jones

United States District Court, S.D. Ohio, Western Division at Dayton
Feb 21, 2006
Case No. 3:06-mc-001 (S.D. Ohio Feb. 21, 2006)
Case details for

In re Jones

Case Details

Full title:IN RE: LAWRENCE JONES, Plaintiff

Court:United States District Court, S.D. Ohio, Western Division at Dayton

Date published: Feb 21, 2006

Citations

Case No. 3:06-mc-001 (S.D. Ohio Feb. 21, 2006)