UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION

KELVIN LOVETT,

Plaintiff,

vs.

JEREMY EACHES, et al.,

Defendants.

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Case No. 1:17-cv-757

Judge Timothy S. Black

Magistrate Judge Karen L. Litkovitz

DECISION AND ENTRY 

ADOPTING THE REPORTS AND RECOMMENDATIONS

OF THE UNITED STATES MAGISTRATE JUDGE (Docs. 6, 48)

This case is before the Court pursuant to the Order of General Reference to United 

States Magistrate Judge Karen L. Litkovitz. Pursuant to such reference, the Magistrate 

Judge reviewed the pleadings filed a Report and Recommendation recommending that 

portions of Plaintiff’s complaint be dismissed for failure to state a claim. (Doc. 6). No 

objections were filed. The Magistrate Judge subsequently issued an Order granting, in 

part, Plaintiff’s motions for leave to amend his complaint, and recommending that

Plaintiff’s motions be denied insofar as they sought to add certain Defendants. (Doc. 48). 
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Plaintiff timely filed an objection (“Objection”). (Doc. 51).1 2

As required by 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72(b), the Court has 

reviewed the comprehensive findings of the Magistrate Judge and considered de novo all 

of the filings in this matter. Upon consideration of the foregoing, the Court does 

determine that such Reports and Recommendations should be and are hereby ADOPTED

in their entirety. Accordingly: 

1. The Reports and Recommendations (Docs. 6, 48) are ADOPTED; 

2. Plaintiff’s motion to amend his Objection (Doc. 52) is GRANTED;

3. Plaintiff’s Objection (Docs. 51, 52) is OVERRULED;

4. Plaintiff’s motions for leave to amend the complaint (Docs. 41, 46) are 

DENIED to the extent Plaintiff seeks leave to add proposed Defendants 

Charles O’Conner, Carles Lewis, John Thornhill, Travis Tackett, Kristal 

Little, Archie Swords, David Hay, Dustin Jones, John Buckler, and John 

McCoy; and

 1 Plaintiff’s Objection is not well-taken. The Objection fails to offer any persuasive argument to 

rebut the Magistrate Judge’s proper conclusion that Plaintiff had not set forth specific allegations 

against proposed Defendants Charles O’Conner, Carles Lewis, John Thornhill, Travis Tackett, 

Kristal Little, Archie Swords, David Hay, Dustin Jones, John Buckler, and John McCoy that 

would support a claim that each of these individuals acted, or failed to act, with deliberate 

indifference to Plaintiff’s safety and that he was harmed as a result. Additionally, Plaintiff’s 

Objection appears to present new allegations about some of these proposed Defendants that were 

not presented to the Magistrate Judge. These new allegations are procedurally improper: a “party

may not raise new issues for the first time in an objection to a magistrate judge’s report and 

recommendation” and “the Court is under no obligation to address those issues.” Martin v. E.W. 

Scripps Co., No. 1:12-cv-844, 2013 U.S. Dist. LEXIS 155673, at * 6 (S.D. Ohio Oct. 30, 2013). 

2 Plaintiff also filed a motion for leave to Amend/Correct his Objection (Doc. 52); the Court 

GRANTS same and has considered the allegations set forth in Doc. 52.
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5. Plaintiff’s complaint is DISMISSED with the exception of: (i) Plaintiff’s 

Eighth Amendment claims against Defendants C/O Robertson, C/O 

Cooper, C/O Fri, Sgt. Chinn, and Jeremy Eaches; (ii) Plaintiff’s Fourth 

Amendment claims against Joshua Leesburg and S. Bennett (f/k/a John 

Does 1 and 2), and (iii) Plaintiff’s claim against C/O Denny permitted by 

the Magistrate Judge’s 10/11/18 Order. 

IT IS SO ORDERED.

Date: 2/27/19 s/ Timothy S. Black

Timothy S. Black

United States District Judge