Hudson v. Lorenzo et al

1:25-cv-00506OhsdNov 19, 2025

Full text

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
Martez Hudson,
Plaintiff,
v. 	Case No. 	1:25cv506
Correctional Officer Lorenzo, et al.,
Defendants.
ORDER
This matter is before the Court on the Report and Recommendation (“R&R”) filed
by the Magistrate Judge on October 31, 2025 (Doc. 9).
Proper notice has been given to the parties under 28 U.S.C. § 636(b)(1)(C),
including notice that the parties may forfeit rights on appeal if they failed to file
objections to the R&R in a timely manner. 	United States v. Walters, 638 F.2d 947 (6th
Cir. 1981). 	No objections to the Magistrate Judge’s R&R (Doc. 9) have been filed and
the time to do so has expired.
Accordingly, it is ORDERED that the R&R (Doc. 9) of the Magistrate Judge is
hereby ADOPTED. 	Consistent with the recommendation by the Magistrate Judge:
1. 	Plaintiff’s 42 U.S.C. § 1983 claims against Defendants for retaliation in
violation of the First Amendment and deprivations of due process in violation
of the Fourteenth Amendment is DISMISSED with prejudice for failure to
state a claim upon which relief can be granted, pursuant to 28 U.S.C. §§
1915(e)(2)(B) and 1915A(b)(1);
Case: 1:25-cv-00506-MRB-KAJ Doc #: 11 Filed: 11/19/25 Page: 1 of 2 PAGEID #: <pageID>
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2. 	Plaintiff’s state-law claim against Defendants for fraud is DISMISSED with
prejudice for failure to state a claim upon which relief can be granted,
pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b)(1);
3. 	The Court certifies that pursuant to 28 U.S.C. § 1915(a)(3) that an appeal of
this Order would not be taken in good faith. See McGore v. Wrigglesworth,
114 F.3d 601 (6th Cir. 1997), overruled on other grounds, Jones v. Bock, 549
U.S. 199, 203 (2007); and
4. 	This dismissal shall count as a “strike” in accordance with the Prison
Litigation Reform Act of 1995. 28 U.S.C. § 1915(g).
IT IS SO ORDERED.
s/Michael R. Barrett
Michael R. Barrett, Judge
United States District Court
Case: 1:25-cv-00506-MRB-KAJ Doc #: 11 Filed: 11/19/25 Page: 2 of 2 PAGEID #: <pageID>

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