From Casetext: Smarter Legal Research

Kittle v. State

United States District Court, S.D. Ohio, Eastern Division
Jul 27, 2006
Case No. 2:05-cv-1165 (S.D. Ohio Jul. 27, 2006)

Opinion

Case No. 2:05-cv-1165.

July 27, 2006


ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION


On December 30, 2005, this Court received a complaint and a request to proceed in forma pauperis from plaintiff Garry L. Kittle. Pursuant to 28 U.S.C. §§ 1915 and 1915A, the Magistrate Judge recommended that the case be dismissed as frivolous, failing to state a claim, and seeking monetary relief against a defendant who is immune from such relief. The Magistrate Judge's Report and Recommendation was served on Mr. Kittle on June 16, 2006. As stated in the Report, Mr. Kittle had ten days from service of process to object to the Magistrate Judge's recommendations.

On June 23, 2006, Mr. Kittle filed the exact same complaint that he filed on December 30, 2005. Because this "new complaint" was filed within the ten-day time period in which Mr. Kittle could object to the Magistrate Judge's Report and Recommendation, this Court construes the "new complaint" as an objection to the Magistrate Judge's Report and Recommendation. Accordingly, because Mr. Kittle fails to raise any new arguments or issues in his objection, see Howard v. Secretary of Health and Human Services, 932 F.3d 505, 509 (6th Cir. 1991), this Court, after a de novo review of the Magistrate Judge's Report and Recommendation, adopts the Magistrate Judge's Report and Recommendation (doc. #9) in its entirety. Thus, Mr. Kittle's objection is OVERRULED. Additionally, the motion to dismiss (doc. #12) filed by defendants L Allan Goldsberry and William Grim is MOOT, and Mr. Kittle's motion for appointment of counsel (doc. #11) is DENIED. The clerk is ordered to file the objection on the docket and close the case.


Summaries of

Kittle v. State

United States District Court, S.D. Ohio, Eastern Division
Jul 27, 2006
Case No. 2:05-cv-1165 (S.D. Ohio Jul. 27, 2006)
Case details for

Kittle v. State

Case Details

Full title:Garry L. Kittle, Jr. Plaintiff, v. The State of Ohio, et al., Defendants

Court:United States District Court, S.D. Ohio, Eastern Division

Date published: Jul 27, 2006

Citations

Case No. 2:05-cv-1165 (S.D. Ohio Jul. 27, 2006)

Citing Cases

Williams v. Doe

In his objection, Mr. Williams has raised the same arguments considered at length in the Magistrate Judge's…

McCune v. Hartley

Consequently, because Mr. McCune does not raise any new arguments or issues in his objection, the Court,…