Because Hester is not a defendant to this action, the complaint fails to state a claim upon which relief may be granted with respect to this individual. See Chapple v. Franklin Cnty., No. 2:21-cv-5086, 2022 WL 856815, at *16 (S.D. Ohio Mar. 23, 2022) (Report and Recommendation), adopted as modified sub nom. Chapple v. Franklin Cnty. Sheriff's Officers FCCC 1 & 2, 2022 WL 16734656 (S.D. Ohio Nov. 7, 2022) (citing Shipp v. CoreCivic, No. 16-2891, 2018 WL 4265259, at *5 (W.D. Tenn. Sept. 6, 2018)) (declining to analyze and recommending dismissal of allegations against non-parties). Plaintiff attached several documents to his complaint: an Informal Complaint Request (Id. at 8-9), a Conduct Report for Inmate Willie Hall (Id. at 10-11), a Conduct Report for Plaintiff (Id. at 12), and a Disposition of the Rules Infraction Board (Id. at 13).
Here, Plaintiff fails to state an Eighth Amendment claim against Defendant Martin for placing him in an “unsanitary shower” for “hours.” A prisoner's “characterization of . . . housing as ‘unsanitary' does not suffice to render those accommodations unconstitutional,” Fennell v. Bonner, No. 220CV02844JTFATC, 2021 WL 3891590, at *7 (W.D. Tenn. Aug. 31, 2021), because it “fails to state a sufficiently serious deprivation of [his] need for sanitation.” Chapple v. Franklin Cnty., No. 2:21-CV-5086, 2022 WL 856815, at *5 (S.D. Ohio Mar. 23, 2022), report and recommendation adopted as modified sub nom., Chapple v. Franklin Cnty. Sheriff's Officers FCCC 1 & 2, No. 2:21-CV-05086, 2022 WL 16734656 (S.D. Ohio Nov. 7, 2022).
Because these individuals are not named as defendants and are not parties to this case, the Court declines to analyze Plaintiff's statements with respect to these nondefendants and any purported claims with respect to them shall be dismissed. See e.g. Chapple v. Franklin Cnty., No. 2:21-CV-5086, 2022 WL 856815, at *16 (S.D. Ohio Mar. 23, 2022), report and recommendation adopted as modified sub nom. Chapple v. Franklin Cnty. Sheriff's Officers FCCC 1 & 2, No. 2:21-CV-05086, 2022 WL 16734656 (S.D. Ohio Nov. 7, 2022).
Because these individuals are not Defendants to this action, the Complaint fails to state a claim upon which relief may be granted with respect these individuals. See Chapple v. Franklin Cnty., No. 2:21-cv-5086, 2022 WL 856815, at *16 (S.D. Ohio Mar. 23, 2022) (Report and Recommendation), adopted as modified sub nom. Chapple v. Franklin Cnty. Sheriff's Officers FCCC 1 & 2, 2022 WL 16734656 (S.D. Ohio Nov. 7, 2022) (citing Shipp v. CoreCivic, No. 16-2891, 2018 WL 4265259, at *5 (W.D. Tenn. Sept. 6, 2018)) (declining to analyze and recommending dismissal of allegations against nonparties).
Because Williams is not a Defendant to this action, the Complaint fails to state a claim upon which relief may be granted with respect this individual. See Chapple v. Franklin Cnty., No. 2:21-cv-5086, 2022 WL 856815, at *16 (S.D. Ohio Mar. 23, 2022) (Report and Recommendation), adopted as modified sub nom. Chapple v. Franklin Cnty. Sheriff's Officers FCCC 1 & 2, 2022 WL 16734656 (S.D. Ohio Nov. 7, 2022) (citing Shipp v. CoreCivic, No. 16-2891, 2018 WL 4265259, at *5 (W.D. Tenn. Sept. 6, 2018))
Because the “bosses” are not named as defendants and are not known to be parties to this case, the undersigned declines to analyze Plaintiffs statements with respect to these non-defendants and RECOMMENDS that any purported claims with respect to them be DISMISSED. See Chapple v. Franklin Cnty., No. 2:21-CV-5086, 2022 WL 856815, at *16 (S.D. Ohio Mar. 23, 2022), report and recommendation adopted as modified sub nom. Chapple v. Franklin Cnty. Sheriff's Officers FCCC 1 & 2, No. 2:21-CV-05086, 2022 WL 16734656 (S.D. Ohio Nov. 7, 2022). Plaintiff categorizes his resulting injuries as “emotional distress,” including contemplating suicide, and seeks compensatory damages, punitive damages, and declaratory relief in the form of a declaration that all acts and omissions of all Defendants violated Plaintiff's federally protected constitutional rights, an emergency injunction requiring the Ohio Department of Rehabilitation and Corrections to transfer Plaintiff from LeCI, and issuance of an institutional separation from inmate Cunningham and from each named Defendant.
Because these individuals are not named as defendants and are not parties to this case, the Court declines to analyze Plaintiff's statements with respect to these non-defendants and RECOMMENDS that any purported claims with respect to Scott, Wesson, Edwards, Ware, and Kerns be DISMISSED. See Chapple v. Franklin Cnty., No. 2:21-CV-5086, 2022 WL 856815, at *16 (S.D. Ohio Mar. 23, 2022), report and recommendation adopted as modified sub nom. Chapple v. Franklin Cnty. Sheriff's Officers FCCC 1 & 2, No. 2:21-CV-05086, 2022 WL 16734656 (S.D. Ohio Nov. 7, 2022).
Because these entities are not named as defendants and are not parties to this case, the Court declines to analyze Plaintiffs statements with respect to these non-defendants and RECOMMENDS that any purported claims with respect to them be DISMISSED. See Chapple v. Franklin Cnty., No. 2:21-CV-5086, 2022 WL 856815, at *16 (S.D. Ohio Mar. 23, 2022), report and recommendation adopted as modified sub nom. Chapple v. Franklin Cnty. Sheriff's Officers FCCC 1 & 2, No. 2:21-CV-05086, 2022 WL 16734656 (S.D. Ohio Nov. 7, 2022)
Because none of these individuals have been named as defendants here, the Complaint fails to state a claim on which relief may be granted with respect to them. See Chapple v. Franklin Cnty., No. 2:21-cv-5086, 2022 WL 856815, at *16 (S.D. Ohio Mar. 23, 2022), report and recommendation adopted as modified sub nom. Chapple v. Franklin Cnty. Sheriff's Officers FCCC 1 & 2, 2022 WL 16734656 (S.D. Ohio Nov. 7, 2022) (citing Shipp v. CoreCivic, No. 162891, 2018 WL 4265259, at *5 (W.D. Tenn. Sept. 6, 2018) (declining to analyze and recommending dismissal of allegations against non-parties).
Because these individuals are not named as defendants and are not parties to this case, the Court declines to analyze Plaintiffs statements with respect to these non-defendants and RECOMMENDS that any purported claims with respect to them be DISMISSED. See Chapple v. Franklin Cnty., No. 2:21-CV-5086, 2022 WL 856815, at *16 (S.D. Ohio Mar. 23, 2022), report and recommendation adopted as modified sub nom. Chapple v. Franklin Cnty. Sheriff's Officers FCCC 1 & 2, No. 2:21-CV-05086, 2022 WL 16734656 (S.D. Ohio Nov. 7, 2022)