Hathorn v. Albright et al

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
ROBERT HATHORN,
Plaintiff,
vs.
LT. ALBRIGHT, et al.,
Defendants.
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Case No. 1:26-cv-387
Judge Jeffery P. Hopkins
ORDER ADOPTING REPORT AND RECOMMENDATION
This matter is before the Court on the Order and Report and Recommendation (Doc.
10) issued by Magistrate Judge Kimberly A. Jolson on June 15, 2026. The Magistrate Judge
recommends that Plaintiff’s request for damages against Defendants in their official capacities
be dismissed without prejudice pursuant to 28 U.S.C. § 1915A(b)(1). No objections have been
filed and the time for filing such objections under Fed. R. Civ. P. 72(b) has expired.
Having carefully reviewed the comprehensive findings and conclusions of the
Magistrate Judge and finding no clear error, the Court hereby ADOPTS the Report and
Recommendation in its entirety. See Fed. R. Civ. P. 72 (advisory committee notes from 1983
amendment) (“When no timely objection is filed, the court need only satisfy itself that there
is no clear error on the face of the record in order to accept the recommendation”); see e.g.,
Roane v. Warden of Corr. Reception Ctr., No. 2:22-cv-2768, 2022 WL 16535903, at *1 (S.D. Ohio
Oct. 28, 2022). Accordingly, the Court DISMISSES without prejudice Plaintiff’s request for
damages against Defendants in their official capacities.
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For the reasons stated in the Report and Recommendation and pursuant to 28 U.S.C.
§ 1915(a)(3), the Court certifies that an appeal of this Order would lack an arguable basis in
law or in fact and thus would not be taken in good faith. The Court accordingly DENIES
Plaintiff leave to appeal in forma pauperis. In accordance with Fed. R. App. P. 24(a)(5),
Plaintiff remains free to file a motion for leave to proceed on appeal in forma pauperis in the
Sixth Circuit Court of Appeals. Callihan v. Schneider, 178 F.3d 800, 803 (6th Cir. 1999).
IT IS SO ORDERED.
October 14, 2026
Jeffery P. Hopkins
United States District Judge
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