2:25-cv-00904•Flagner v. Bravara et al
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION HBRANDON LEE FLAGNER Plaintiff, v. ANNETTE CHAMBERS-SMITH, et al., Defendants. Civil Action 2:25-cv-904 Judge Edmund A. Sargus, Jr. Magistrate Judge Chelsey M. Vascura ORDER and REPORT AND RECOMMENDATION Plaintiff, Hbrandon Lee Flagner, an Ohio inmate who is proceeding without the assistance of counsel, brings claims under 42 U.S.C. § 1983 in this suit against: 1) Annette Chambers-Smith, Director of the Ohio Department of Rehabilitation and Correction (“ODRC”) (“Director Chambers-Smith”); 2) S. Evans, Office of the Chief Investigator, ODRC (“Chief Investigator Evans”); 3) S. Clemmons, Institutional Investigator at Pickaway Correctional Institute (“PCI”) (“Investigator Evans”); 4) Miss Bravara, Food Service Manager at PCI (“Manager Bravara”); 5) Miss Hill, Acting Food Service Supervisor at PCI (“Supervisor Hill”); and 6) Michelle Tatman, State Dietician, ODRC (“Dietary Operations Manager Tatman”). Plaintiff has filed a Motion seeking leave to amend his Complaint. (ECF No. 3.) That Motion (ECF No. 3) is GRANTED. This matter is also before the Court for the initial screen of Plaintiff’s Amended Complaint (ECF Nos. 1–1, 1–2, 3–1), under 28 U.S.C. §§ 1915(e)(2) and 1915A to identify cognizable claims and to recommend dismissal of Plaintiff’s Amended Complaint, or any portion of it, which is frivolous, malicious, fails to state a claim upon which relief may be granted, or Case: 2:25-cv-00904-EAS-CMV Doc #: 6 Filed: 10/28/25 Page: 1 of 13 PAGEID #: <pageID>
2 seeks monetary relief from a defendant who is immune from such relief. 28 U.S.C. §§ 1915(e)(2), 1915A(b)(1)–(2); see also McGore v. Wrigglesworth, 114 F.3d 601, 608 (6th Cir. 1997). Having performed the initial screen, it is RECOMMENDED that Plaintiff be permitted to proceed on his free-exercise claim against Manager Bravura and Supervisor Hill in their official capacities for injunctive relief and against Dietary Operations Manager Tatman in her official and individual capacities for injunctive relief and damages, respectively. It is further RECOMMENDED that Plaintiff’s remaining claims against the other Defendants be DISMISSED as barred or for failing to state a claim. Finally, this matter is before the Court for consideration of Plaintiff’s motion for leave to proceed in forma pauperis under 28 U.S.C. § 1915(a)(1) and (2), which is GRANTED. (ECF No. 1.) Plaintiff must pay the full amount of the Court’s $350 filing fee. 28 U.S.C. § 1915(b)(1). Plaintiff’s certified trust fund statement reveals that he has $5.67 in his prison account, which is insufficient to pay the filing fee. Pursuant to 28 U.S.C. § 1915(b)(1), the custodian of Plaintiff’s inmate trust accounts (Inmate ID Number A188413) at PCI is DIRECTED to submit to the Clerk of the United States District Court for the Southern District of Ohio as an initial partial payment, 20% of the greater of either the average monthly deposits to the inmate trust account or the average monthly balance in the inmate trust account, for the six months immediately preceding the filing of the Complaint. After full payment of the initial, partial filing fee, the custodian shall submit 20% of the inmate’s preceding monthly income credited to the account, but only when the amount in the account exceeds $10.00, until the full fee of $350.00 has been paid to the Clerk of this Court. 28 U.S.C. § 1915(b)(2). See McGore v. Wrigglesworth, 114 F.3d 601 (6th Cir. 1997). Case: 2:25-cv-00904-EAS-CMV Doc #: 6 Filed: 10/28/25 Page: 2 of 13 PAGEID #: <pageID>
3 Checks should be made payable to: Clerk, United States District Court. The checks should be sent to: Prisoner Accounts Receivable 260 U.S. Courthouse 85 Marconi Boulevard Columbus, Ohio 43215 The prisoner’s name and this case number must be included on each check. It is ORDERED that Plaintiff be allowed to prosecute his action without prepayment of fees or costs and that judicial officers who render services in this action shall do so as if the costs had been prepaid. The Clerk of Court is DIRECTED to mail a copy of this Order to Plaintiff and the prison cashier’s office. I. STANDARD OF REVIEW Congress enacted 28 U.S.C. § 1915, the federal in forma pauperis statute, seeking to “lower judicial access barriers to the indigent.” Denton v. Hernandez, 504 U.S. 25, 31 (1992). In doing so, however, “Congress recognized that ‘a litigant whose filing fees and court costs are assumed by the public, unlike a paying litigant, lacks an economic incentive to refrain from filing frivolous, malicious, or repetitive lawsuits.’” Id. at 31 (quoting Neitzke v. Williams, 490 U.S. 319, 324 (1989)). To address this concern, Congress included subsection (e): (2) Notwithstanding any filing fee, or any portion thereof, that may have been paid, the court shall dismiss the case at any time if the court determines that— * * * (B) the action or appeal— (i) is frivolous or malicious; [or] (ii) fails to state a claim on which relief may be granted. . . . 28 U.S.C. § 1915(e)(2)(B)(i) & (ii); Denton, 504 U.S. at 31. Thus, § 1915(e) requires sua sponte dismissal of an action upon the Court’s determination that the action is frivolous or malicious, or Case: 2:25-cv-00904-EAS-CMV Doc #: 6 Filed: 10/28/25 Page: 3 of 13 PAGEID #: <pageID>
4 upon determination that the action fails to state a claim upon which relief may be granted. See also 28 U.S.C. § 1915A (requiring a court to conduct a screening of “a complaint in a civil action in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity . . . [to] identify cognizable claims or dismiss the complaint, or any portion of the complaint [that is] frivolous, malicious, or fails to state a claim upon which relief may be granted”). Further, to state a claim upon which relief may be granted, a plaintiff must satisfy the basic federal pleading requirements set forth in Federal Rule of Civil Procedure 8(a). See also Hill v. Lappin, 630 F.3d 468, 470–71 (6th Cir. 2010) (applying Federal Rule of Civil Procedure 12(b)(6) standards to review under 28 U.S.C. §§ 1915A and 1915(e)(2)(B)(ii)). Under Rule 8(a)(2), a complaint must contain a “short and plain statement of the claim showing that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2). Thus, Rule 8(a) “imposes legal and factual demands on the authors of complaints.” 16630 Southfield Ltd., P’Ship v. Flagstar Bank, F.S.B., 727 F.3d 502, 503 (6th Cir. 2013). Although this pleading standard does not require “detailed factual allegations, a pleading that offers labels and conclusions or a formulaic recitation of the elements of a cause of action” is insufficient. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (cleaned up). A complaint will not “suffice if it tenders naked assertion devoid of further factual enhancement.” Id. (cleaned up). Instead, to state a claim upon which relief may be granted, “a complaint must contain sufficient factual matter to state a claim to relief that is plausible on its face.” Id. (cleaned up). Facial plausibility is established “when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Id. “The plausibility of an inference depends on a host of considerations, including common sense and the Case: 2:25-cv-00904-EAS-CMV Doc #: 6 Filed: 10/28/25 Page: 4 of 13 PAGEID #: <pageID>
5 strength of competing explanations for the defendant’s conduct.” Flagstar Bank, 727 F.3d at 504 (citations omitted). Further, the Court holds pro se complaints “to less stringent standards than formal pleadings drafted by lawyers.” Garrett v. Belmont Cty. Sheriff’s Dep’t, 374 F. App’x 612, 614 (6th Cir. 2010) (quoting Haines v. Kerner, 404 U.S. 519, 520 (1972)). This lenient treatment, however, has limits; “courts should not have to guess at the nature of the claim asserted.” Frengler v. Gen. Motors, 482 F. App’x 975, 976–77 (6th Cir. 2012) (quoting Wells v. Brown, 891 F.2d 591, 594 (6th Cir. 1989)). II. ANALYSIS Plaintiff is a follower of Judaism. (ECF No. 1–1, PageID# 18.) On April 12, 2025, he went to food services at PCI to pick up his Seder meal for Passover. (Id.) Plaintiff alleges that Manager Bravara did not give him certain items that he needed for his Seder meal because they were not authorized by Dietary Operations Manager Tatman. (Id.) Although Plaintiff does specify the items he was denied, his exhibit suggests that they included grape juice and four matzah wafers. (ECF No. 1–2, PageID# 21.) Plaintiff was, however, offered three matzah wafers, but they were single-bagged instead of double-bagged to prevent contamination from contact with non-kosher items. (ECF No. 1–1, PageID# 18; ECF No. 1–2, PageID# 21.) Because of that improper packaging, Plaintiff refused them. (ECF No. 1–1, PageID# 18.) The same thing allegedly happened the following day, April 13, 2025, when Plaintiff went to pick up his Seder meal. (Id.) Supervisor Hill allegedly failed to correct issues related to the unauthorized items and the mishandling of the matzah. (Id.) Plaintiff then lodged an informal complaint, but Supervisor Hill maintained that she had followed all procedures. (ECF No. 1–1, PageID #18; ECF No. 1–2, PageID# 22.) Plaintiff escalated his grievance to Investigator Clemmons. (ECF No. 1–1, PageID# 18; ECF No. 1–2, PageID# 23.) Investigator Clemmons confirmed with Supervisor Hill Case: 2:25-cv-00904-EAS-CMV Doc #: 6 Filed: 10/28/25 Page: 5 of 13 PAGEID #: <pageID>
6 that kosher meal procedures had been followed and that decisions about the contents of Seder meals were determined by ODRC’s Operation Support Center. (ECF No. 1–2, PageID# 24.) Therefore, Plaintiff’s complaints about the unauthorized items for Seder meals could not be addressed through the grievance process. (Id.) Plaintiff appealed to Chief Investigator Evans, who upheld Investigator Clemmons’ findings. (Id. at PageID# 23, 21.) Plaintiff additionally alleges that the general population is provided a “special festive meal” on select holidays. (ECF No. 3–1, PageID # 55.) On July 4, 2025, such a meal was served to the general population, but Plaintiff was denied participation because of his religious beliefs and kosher status. (Id.) In an informal compliant, Plaintiff noted that Jewish inmates are always denied special holiday meals and suggested that kosher options—such as watermelon—could be easily provided with kosher trays already used by food service providers. (Id. at PageID# 59.) Supervisor Hill responded that the guidelines for kosher holiday meals were made by the state and that the meal enhancement for kosher meals is an omelet breakfast. (Id. at PageID# 62.) After escalating his grievance, Investigator Clemmons confirmed that Supervisor Hill had followed directions from Dietary Operations Manager Tatman regarding kosher meals on holidays. (Id. at PageID# 61.) Inspector Clemmons closed Plaintiff’s grievance, and Plaintiff unsuccessfully appealed to Chief Investigator Evans. (Id. at PageID# 60.) Plaintiff asserts that Defendants violated his First Amendment and Equal Protection rights. He sues all Defendants in their official capacities and additionally sues Chief Investigator Evans and Dietary Operations Manager Tatman in their individual capacities. (ECF No. 1–1, PageID# 15; ECF No. 3–1, PageID# 54.) He seeks compensatory damages from all Defendants and punitive damages from Dietary Operations Manager Tatman. (ECF No. 1–1, PageID# 14.) He also seeks injunctive relief in the form of an order compelling Defendants to Case: 2:25-cv-00904-EAS-CMV Doc #: 6 Filed: 10/28/25 Page: 6 of 13 PAGEID #: <pageID>
7 change its policy to provide: 1) Seder meals during the first two nights of Passover; 2) two unopened boxes of matzah every three days during Passover; 3) cheese during Shavuot; and 4) fried items during Chanukah. (Id.) He also seeks an order requiring Defendants to treat Judaism equally with other religious groups. (ECF No. 3–1, PageID# 58.) A. Plaintiff’s Official-Capacity Claims for Damages Plaintiff’s official-capacity claims for damages must be dismissed under the doctrine of sovereign immunity. The Eleventh Amendment operates as a bar to federal-court jurisdiction when a private citizen sues a state or its instrumentalities unless the state has given express consent. Pennhurst St. Sch. & Hosp. v. Halderman, 465 U.S. 89, 100 (1983); Lawson v. Shelby Cty., 211 F.3d 331, 334 (6th Cir. 2000). A suit against a state official in his or her official capacity is “not a suit against the official but rather is a suit against the official’s office,” and is therefore “no different from a suit against the State itself.” Will v. Mich. Dep’t of State Police, 491 U.S. 58, 71 (1989). “There are three exceptions to sovereign immunity: (1) when the state has waived immunity by consenting to the suit, (2) when Congress has expressly abrogated the states’ sovereign immunity, and (3) when the doctrine set forth in Ex Parte Young, 209 U.S. 123, 28 S.Ct. 441, 52 L.Ed. 714 (1908), applies.” Boler v. Earley, 865 F.3d 391, 410 (6th Cir. 2017) (citation omitted). Here, no exception applies. First, “Ohio has not waived sovereign immunity in federal court.” Mixon v. State of Ohio, 193 F.3d 389, 397 (6th Cir. 1999). Second, “Section 1983 does not abrogate Eleventh Amendment immunity.” Boler, 865 F.3d at 410 (citing Will, 491 U.S. at 66). Third, the Ex Parte Young doctrine applies only when a plaintiff brings “claims for prospective relief against state officials sued in their official capacity to prevent future federal constitutional or statutory violations.” Boler, 865 F.3d at 412. Plaintiff’s official-capacity claims Case: 2:25-cv-00904-EAS-CMV Doc #: 6 Filed: 10/28/25 Page: 7 of 13 PAGEID #: <pageID>
8 for compensatory damages against all Defendants fall outside the scope of Ex Parte Young. Accordingly, they are barred by sovereign immunity. B. Plaintiff’s Remaining Claims Plaintiff’s official-capacity claims against all Defendants for injunctive relief and his individual-capacity claims against Chief Investigator Evans and Dietary Operations Manager Tatman for damages must be denied, in part. To prevail on a § 1983 claim, a plaintiff must plead two elements: “(1) deprivation of a right secured by the Constitution or laws of the United States (2) caused by a person acting under color of state law.” Hunt v. Sycamore Cmty. Sch. Dist. Bd. of Educ., 542 F.3d 529, 534 (6th Cir. 2008) (citing McQueen v. Beecher Cmty. Sch., 433 F.3d 460, 463 (6th Cir. 2006)). Plaintiff’s First Amendment and Equal Protection claims fail, in part, on the first element—failing to allege a violation of his constitutional rights. 1. Free Exercise Claim The First Amendment to the United States Constitution states that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof . . . .” U.S. Const. amend. I. This free exercise protection extends to inmates. Hayes v. Tenn., 424 F. App’x 546, 549 (6th Cir. 2011). To state a free-exercise claim under § 1983, an inmate must allege that a belief or practice “‘is religious in [his] own scheme of things,’” is sincerely held, and that prison officials have infringed that belief or practice. Pryor v. Chambers-Smith, No. 24-3301, 2025 WL 1090997, at *2 (6th Cir. Apr. 2, 2025) (quoting Kent v. Johnson, 821 F.2d 1220, 1224-25 (6th Cir. 1987). An inmate must also allege that the prison officials’ infringement constitutes a substantial burden on his sincerely held religious belief. Mustin v. Wainwright, No. 23-3671, 2024 WL 3950810, at *2 (6th Cir. Aug. 27, 2024) (citations omitted). Prison officials Case: 2:25-cv-00904-EAS-CMV Doc #: 6 Filed: 10/28/25 Page: 8 of 13 PAGEID #: <pageID>
9 substantially burden a prisoner’s religious exercise if they place “substantial pressure on an adherent to modify his behavior and to violate his beliefs” or “effectively bar” his sincere faith- based conduct. Haight v. Thompson, 763 F.3d 554, 565 (6th Cir. 2014) (cleaned up). Minor or isolated incidents do not, however, create a substantial burden. Colvin v. Caruso, 605 F.3d 282, 293 (6th Cir. 2010) (finding that isolated incidents of serving nonkosher food to an inmate was insufficient to sustain a free exercise claim). To the extent Plaintiff’s claim rests on Defendants’ failure to provide him with two Seder meals, he has not alleged that his sincere beliefs were substantially burdened. Courts regularly find that short-termed or limited denials of religious meals are de minimis and do not constitute substantial burdens. Greenberg v. Hill, No. 2:07-CV-1076, 2009 WL 890521, at *6 (S.D. Ohio Mar. 31, 2009) (Jewish inmate denied a full Seder meal on two occasions did not have a free exercise claim; burden was de minimis); Resch v. Rink, No. 2:21-CV-227, 2022 WL 794849, at *4 (W.D. Mich. Mar. 16, 2022) (three-day denial of Passover meals not actionable); Lewis v. Greason, No. 2:21-CV-11939, 2023 WL 8896274, at *6 (E.D. Mich. July 20, 2023), (temporary lack of kosher meals did not constitute a constitutional violation), adopted and aff’d, 2024 WL 245530 (E.D. Mich. Jan. 23, 2024). Such is the case here. On the other hand, Plaintiff also apparently challenges an ongoing policy that governs the items that Jewish inmates receive for Seder meals. Plaintiff alleges Seder meals are “an essential element of a religious service.” (ECF No. 1–1, PageID# 19.) He additionally alleges that he was not provided necessary items for a Seder meal such as grape juice and an adequate amount of matzah. (ECF No. 1–1, PageID# 18; ECF No. 1–2, PageID# 21.) Manager Bravara and Supervisor Hill allegedly informed him that those allegedly necessary items had not been authorized by Dietary Operations Manager Tatman. (ECF No. 1–1, at PageID# 18.) Moreover, Case: 2:25-cv-00904-EAS-CMV Doc #: 6 Filed: 10/28/25 Page: 9 of 13 PAGEID #: <pageID>
10 Investigator Clemmons confirmed that the policy governing the contents of Seder meals originated with ODRC’s Operations Support Center. (ECF No. 1–2, at PageID# 24.) Chief Investigator Evans upheld that finding. (Id. at PageID# 23, 21.) These allegations, taken as true, go beyond isolated incidents and plausibly challenge a policy that recurringly impacts Jewish inmates’ free exercise of religion every year at Passover, “an especially critical and very special time in the Jewish religion.” Whitney v. Brown, 882 F.2d 1068, 1073 (6th Cir. 1989) (finding that a policy precluding Jewish inmates from observing Sabbath or Passover was unconstitutional given their religious significance). Plaintiff has therefore stated a free-exercise claim on this theory. Plaintiff’s free-exercise claim against Director Chambers-Smith nevertheless fails. As explained previously, to state a claim under § 1983, Plaintiff must allege that an alleged constitutional violation was caused by a person acting under color of state law. Hunt, 542 F.3d at 534. To establish that element, a plaintiff must show “personal involvement” by the defendant. Grinter v. Knight, 532 F.3d 567, 575 (6th Cir. 2008) (citation omitted). This is because “§ 1983 liability cannot be imposed under a theory of respondeat superior.” Id. (citation omitted). Thus, to hold a supervisor liable under § 1983, a plaintiff “must show that the official at least implicitly authorized, approved, or knowingly acquiesced in the unconstitutional conduct.” Everson v. Leis, 556 F.3d 484, 495 (6th Cir. 2009) (cleaned up). Because Plaintiff’s allegations do not mention Director Chambers-Smith, he has not plausibly alleged that she authorized or acquiesced in the deprivation of his free exercise rights. Likewise, Plaintiff’s free exercise claim against Chief Investigator Evans and Investigator Clemmons fails. Plaintiff’s chief allegations against these Defendants are that they denied his grievances. The Sixth Circuit has determined that “denial of [a plaintiff’s] grievance appeal, it is Case: 2:25-cv-00904-EAS-CMV Doc #: 6 Filed: 10/28/25 Page: 10 of 13 PAGEID #: <pageID>
11 clear, fails to state a claim.” Skinner v. Govorchin, 463 F.3d 518, 525 (6th Cir. 2006); see also Shehee v. Lutrell, 199 F.3d 295, 300 (6th Cir. 1999) (holding that prisoner’s claims against defendants whose only involvement was the denial of administrative remedies failed as a matter of law). Accordingly, it is RECOMMENDED that Plaintiff be permitted to proceed on his free- exercise claim against Manager Bravura and Supervisor Hill in their official capacities for injunctive relief and against Dietary Operations Manager Tatman in her official and individual capacities for injunctive relief and damages, respectively. It is further RECOMMENDED that Plaintiff’s free exercise claims against the other Defendants in their official capacities for injunctive relief be DISMISSED for failing to state a claim. 2. Equal Protection Claim The Fourteenth Amendment provides that no state shall “deny to any person within its jurisdiction the equal protection of the laws.” U.S. Const. amend. XIV. The Equal Protection clause “embodies the principle that all persons similarly situated should be treated alike.” Scarbrough v. Morgan Cty. Bd. of Educ., 470 F.3d 250, 260 (6th Cir. 2006) (citing City of Cleburne v. Cleburne Living Ctr., 473 U.S. 432, 439 (1985)). “[T]o establish an equal protection violation, a plaintiff must establish more than differential treatment alone—a discriminatory intent or purpose is required.” Maye v. Klee, 915 F.3d 1076, 1085, (6th Cir. 2019). Plaintiff fails to allege, however, that he is treated differently than similarly situated inmates. Plaintiff alleges that the general population receives “special festive meals” on select holidays, such as July 4, 2025, while Jewish inmates do not. (ECF No. 3–1, PageID# 55, 59.) Plaintiff attributes this difference in treatment to his Jewish faith and maintains that it violates the Equal Protection Clause. (Id.) But Jewish inmates are not similarly situated to inmates in the Case: 2:25-cv-00904-EAS-CMV Doc #: 6 Filed: 10/28/25 Page: 11 of 13 PAGEID #: <pageID>
12 general prison population for purposes of dietary policies because their meals must comply with different requirements. Indeed, the Sixth Circuit has expressly held that inmates with religious dietary requirements are not similarly situated to inmates in the general population for equal protection claims related to diet. Pleasant-Bey v. Tenn. Dep’t of Corr., No. 18-5424, 2019 WL 11880267, at *4 (6th Cir. Apr. 4, 2019) (“The district court correctly concluded that Pleasant- Bey could not maintain an equal protection claim comparing the treatment of Muslim inmates and general population inmates because those groups were not similarly situated with respect to religious diets and fasting.”) As the Supreme Court has explained “[t]he Equal Protection Clause does not forbid classifications. It simply keeps governmental decisionmakers from treating differently persons who are in all relevant respects alike.” Nordlinger v. Hahn, 505 U.S. 1, 10 (1992) (emphasis added). Because Plaintiff has not alleged that Defendants intentionally treated him differently from inmates who are in all relevant aspects alike, his Equal Protection claim fails as a matter of law. Accordingly, it is RECOMMENDED that Plaintiff’s equal protection claim against all Defendants in their official capacities for injunctive relief and his equal protection claims against Chief Investigator Evans and Dietary Operations Manager Tatman in their individual capacities for damages be dismissed for failing to state a claim. III. DISPOSITION Plaintiff’s Motion seeking leave to amend his Complaint (ECF No. 3) is GRANTED. The Clerk is DIRECTED to file ECF Nos. 1–1, 1–2, and 3–1 as one consolidated document. Plaintiff’s Motion for Leave to Proceed in Forma Pauperis (ECF No. 1) is also GRANTED. It is RECOMMENDED that Plaintiff be permitted to proceed on his free-exercise claim against Manager Bravura and Supervisor Hill in their official capacities for injunctive relief and against Dietary Operations Manager Tatman in her official and individual capacities Case: 2:25-cv-00904-EAS-CMV Doc #: 6 Filed: 10/28/25 Page: 12 of 13 PAGEID #: <pageID>
13 for injunctive relief and damages, respectively. It is further RECOMMENDED that the rest of Plaintiff’s claims be DISMISSED. PROCEDURE ON OBJECTIONS If any party objects to this Report and Recommendation, that party may, within fourteen (14) days of the date of this Report, file and serve on all parties written objections to those specific proposed findings or recommendations to which objection is made, together with supporting authority for the objection(s). A District Judge of this Court shall make a de novo determination of those portions of the Report or specified proposed findings or recommendations to which objection is made. Upon proper objections, a District Judge of this Court may accept, reject, or modify, in whole or in part, the findings or recommendations made herein, may receive further evidence or may recommit this matter to the Magistrate Judge with instructions. 28 U.S.C. § 636(b)(1). The parties are specifically advised that failure to object to the Report and Recommendation will result in a waiver of the right to have the District Judge review the Report and Recommendation de novo, and also operates as a waiver of the right to appeal the decision of the District Court adopting the Report and Recommendation. See Thomas v. Arn, 474 U.S. 140 (1985); United States v. Walters, 638 F.2d 947 (6th Cir. 1981). IT IS SO ORDERED. /s/ Chelsey M. Vascura CHELSEY M. VASCURA UNITED STATES MAGISTRATE JUDGE Case: 2:25-cv-00904-EAS-CMV Doc #: 6 Filed: 10/28/25 Page: 13 of 13 PAGEID #: <pageID>
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