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Case: 1:13-cv-00020-HJW-SKB Doc #: 21 Filed: 06/04/13 Page: 1 of 2 PAGEID #: 163






ALEX PENLAND,




UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION

Plaintiff

v.











C-1-13-20


JOSEPH T. DETERS,
et al.,







Defendants

ORDER

This matter

is before the Court upon the Report and

Recommendation of the United States Magistrate Judge (doc. no. 14) to

which neither party has objected.

Upon a de novo review of the record, the Court finds that the Judge

has accurately set forth the applicable law and has properly applied it to

the particular facts of this case. Accordingly, in the absence of any

objection by plaintiff, this Court accepts the Report as uncontroverted.

The Report and Recommendation of the United States Magistrate Judge

(doc. no. 14) is hereby ADOPTED AND INCORPORATED HEREIN BY

REFERENCE.

Case: 1:13-cv-00020-HJW-SKB Doc #: 21 Filed: 06/04/13 Page: 2 of 2 PAGEID #: 164

Plaintiff’s claims against defendants Deters and Rinehart in their

2




individual capacities and his claims asserting criminal assault are

DISMISSED. See 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b). Plaintiff’s

claims asserted in causes of action 2, 3, 6 and 8 are also DISMISSED

because these claims are barred by the Rooker-Feldman doctrine.

Finally, plaintiff’s Motion for Leave to File a Third Amended Complaint

(doc. no. 11) is DENIED.

This case is RECOMMITTED to the United States Magistrate for

further proceedings according to law.

IT IS SO ORDERED.

s/Herman J. Weber
Herman J. Weber, Senior Judge
United States District Court