IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

Jason Jones,

Plaintiff

 v.

Warden Ross Correctional Institution,

et al.,

Defendants

:

:

:

:

:

Civil Action 2:11-cv-00551

Judge Marbley

Magistrate Judge Abel

ORDER

Plaintiff Jason Jones, a state prisoner, brings this action alleging that defendants

Rob Jeffreys, Ross Correctional Institution Warden; Ross Correctional Institution

Institutional Inspector Witter, Ross Correctional Institution Lt. Lungsford; Ross

Correctional Institution Lt. Morison, and Ross Correctional Institution Lt. Powers

conspired under color of state law to deprive plaintiff Jones of his constitutional right to

be free from cruel and unusual punishment. This matter is before the Court on plaintiff

Jason Jones' July 6, 2011 objections to Magistrate Judge Abel's June 24, 2011 Initial

Screening Report and Recommendation that the complaint be dismissed because it fails

to state claim under 42 U.S.C. § 1983. 

Plaintiff asks the Court to permit him to elaborate on his claims against

defendants. He alleges that on multiple occasions, defendants Lungsford, Morison, and

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Powers, acting in there official and individual capacities, knowingly placed him in

harm’s way by moving him to housing units that were dangerous to him. Plaintiff

maintains that this was done in an attempt to kill or seriously injure him. From May 8,

2009 to the present time, defendants have sexually harassed and oppressed plaintiff.

Defendants have placed hits on plaintiff by paying inmates with tobacco and sex.

Plaintiff has received multiple injuries, including the partial loss of vision in one eye.

Defendants Jeffrey and Witter have failed to perform their duties and are aware that

plaintiff is in imminent danger. Defendants Jeffrey and Witter have failed to take

corrective action to address the risk faced by plaintiff. 

The Magistrate Judge screened this case pursuant to the Prison Litigation Reform

Act, 28 U.S.C. §1915A(b), which requires that the court review prisoners’ complaints

and determine if they are frivolous or malicious, fail to state a claim upon which relief

may be granted, or seek monetary relief against a defendant who is immune from such

relief. The Magistrate Judge concluded here that plaintiff had failed to state a claim

upon which relief may be granted, and that the complaint should therefore be

dismissed. See doc. 4. It is the law of the Sixth Circuit that district courts are not to

permit plaintiffs to amend a complaint to avoid dismissal under 28 U.S.C. §1915(e)(2). 

Benson v. O’Brian, 179 F.3d 1014, 1016 (6th Cir. 1999), citing McGore v. Wrigglesworth, 114

F.3d 601, 612 (6th Cir. 1997). See also Baxter v. Rose, 305 F.3d 486, 489 (6th Cir. 2002),

abrogated on other grounds by Jones v. Bock, 549 U.S. 199 (2007). Accordingly, the Court

cannot consider plaintiff’s additional allegations outlined in his objections.

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Upon de novo review in accordance with the provisions of 28 U.S.C. §636(b)(1)(B),

the Court ADOPTS the Report and Recommendation and DISMISSES plaintiff Jason

Jones' complaint. 

The Clerk of Court is DIRECTED to enter JUDGMENT for defendants Rob

Jeffreys, Ross Correctional Institution Warden; Ross Correctional Institution

Institutional Inspector Witter, Ross Correctional Institution Lt. Lungsford; Ross

Correctional Institution Lt. Morison, and Ross Correctional Institution Lt. Powers. This

action is hereby DISMISSED.

 s/Algenon L. Marbley 

Algenon L. Marbley

United States District Judge 

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