UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION

GERALD BULLOCKS

Plaintiff,

vs.

LINNEA MAHLMAN,

Defendant.

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Case No. 1:18-cv-565

Judge Timothy S. Black

Magistrate Judge Karen L. Litkovitz

DECISION AND ENTRY

ADOPTING THE REPORTS AND RECOMMENDATIONS

OF THE UNITED STATES MAGISTRATE JUDGE (Docs. 4, 7, 10) and

TERMINATING THIS CASE IN THIS COURT

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 with this Court and submitted multiple Reports and 

Recommendations. Specifically:

On August 28, 2018, the Magistrate Judge entered a Report and Recommendation 

recommending that Plaintiff’s Complaint be dismissed for failure to state a claim upon 

which relief can be granted. (Doc. 4). The Magistrate Judge’s recommendation was 

premised on her correct findings that Plaintiff’s Complaint did not adequately plead a 

First Amendment retaliation claim, that the allegations of Plaintiff’s Complaint did not 

rise to the level of a constitutional violation under the Eighth Amendment, and that the 

Complaint did not state a plausible claim for violation of the Equal Protection clause. 
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Plaintiff filed a timely Objection (Doc. 5). However, the Objection does not 

contain any persuasive argument or authority demonstrating that the Magistrate Judge 

erred in her recommendation. 

On September 10, 2018, Plaintiff filed a motion for leave to file an Amended 

Complaint. (Doc. 6). On September 19, 2018, the Magistrate Judge submitted a Report 

and Recommendation recommending that Plaintiff’s motion to amend be denied as it 

failed to cure the deficiencies in Plaintiff’s original Complaint. (Doc. 7). Plaintiff filed 

an (untimely) objection to the Magistrate Judge’s September 19, 2018, Report and 

Recommendation, but the objection fails to establish that the Magistrate Judge erred in 

her analysis and recommendation. (Doc. 8). 

On October 18, 2018, Plaintiff filed a second motion to amend the Complaint. 

(Doc. 9). On October 22, 2018, the Magistrate Judge submitted a Report and 

Recommendation recommending that Plaintiff’s second motion to amend be denied 

because “for the reasons stated in the [prior Reports and Recommendations], plaintiff 

fails to state actionable claims against defendant under the First and Eighth 

Amendments.” (Doc. 10). Plaintiff filed an objection, but the objection again fails to 

cure the deficiencies in Plaintiff’s First Amendment and Eighth Amendment claims. 

(Doc. 11). Plaintiff’s objection also references the Americans with Disabilities Act, but 

no arguments pertaining to that statute were presented to the Magistrate Judge. 

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 
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determine that such Reports and Recommendations should be and are hereby adopted in 

their entirety. Accordingly: 

1. The Magistrate Judge’s August 28, 2018 Report and Recommendation 

(Doc. 4) is ADOPTED; 

2. Plaintiff’s Complaint is DISMISSED with prejudice pursuant to 28 U.S.C. 

§§ 1915(e)(2)(B) and 1915A(b)(1); 

3. The Magistrate Judge’s September 19, 2018 Report and Recommendation 

(Doc. 7) is ADOPTED; 

4. Plaintiff’s First Motion for Leave to File an Amended Complaint (Doc. 6) 

is DENIED; 

5. The Magistrate Judge’s October 22, 2018 Report and Recommendation 

(Doc. 10) is ADOPTED; 

6. Plaintiff’s Second Motion for Leave to File an Amended Complaint (Doc. 

9) is DENIED; 

7. Plaintiff’s Objections (Docs. 5, 8, 11) are OVERRULED; 

8. Pursuant to 28 U.S.C. § 1915(a)(3), an appeal of this Order would not be 

taken in good faith; and

9. The Clerk shall enter judgment accordingly, whereupon this action is 

TERMINATED in this Court. 

IT IS SO ORDERED.

Date: 11/211/18 s/ Timothy S. Black

Timothy S. Black

United States District Judge