Lang v. Brown County Detention Center

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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
James H. Lang,
Plaintiff,
v.
Brown County Detention Center,
Defendant.
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Case No. 1:25-cv-511
Judge Susan J. Dlott
Order Adopting Report and
Recommendation.
This matter is before the Court on Report and Recommendation issued by Magistrate
Judge Peter B. Silvain, Jr. (Doc. 13.) Plaintiff James H. Lang has filed a pro se Complaint
asserting claims under 42 U.S.C.§ 1983 for alleged violations of his First, Sixth, Eighth, and
Fourteenth Amendments against Brown County Detention Center, the jail where he was held as a
pretrial detainee. (Doc. 1-1.) Magistrate Judge Silvain, on his own accord, screened the
Complaint as required by 28 U.S.C. § 1915A and determined that Lang’s allegations are
insufficient to state a claim for relief. (Doc. 13 at PageID 52–54.) He recommended dismissing
the Complaint but granting Lang leave to file an amended complaint. (Id. at PageID 53–54.)
Lang did not file an objection to the Report and Recommendation. A district court need
not independently review a report and recommendation to which no objection is made. See
Thomas v. Arn, 474 U.S. 140, 152 (1985). Nonetheless, the Court has reviewed the Report and
Recommendation here for clear error and finds that the Magistrate Judge was correct. The
Brown County Detention Center is not a legal entity capable of being sued, and Lang’s
allegations are insufficient to state a claim for relief against Brown County itself.
Accordingly, the Report and Recommendation (Doc. 13) is ADOPTED, and the
Case: 1:25-cv-00511-SJD-PBS Doc #: 16 Filed: 04/15/26 Page: 1 of 2 PAGEID #: <pageID>

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Complaint (Doc. 1-1) is DISMISSED. But the Court gives Lang permission to file an amended
complaint not exceeding twenty (20) pages in length on or before May 11, 2026 if he wants to
try to remedy the deficiencies in the Complaint. Lang should set forth in clear, short, and
concise terms the names of each defendant, the specific claims for relief attributable to each
defendant, and the factual allegations supporting each such claim. As required by S.D. Ohio
Local Rule 5.1, the amended complaint should be legible and double-spaced. Further, pursuant
to Federal Rule of Civil Procedure 20(a)(2), the factual allegations and claims must arise out of
the same transaction or occurrence. If Lang wishes to seek relief based on unrelated claims he
must do so in separate actions.
IT IS SO ORDERED.
BY THE COURT:
S/Susan J. Dlott
Susan J. Dlott
United States District Judge
Case: 1:25-cv-00511-SJD-PBS Doc #: 16 Filed: 04/15/26 Page: 2 of 2 PAGEID #: <pageID>