Summary
This United States District Court order adopts a magistrate judge’s report and recommendation, denying the plaintiff’s motion for class certification and dismissing all claims in the amended complaint. Claims based on conduct prior to June 17, 2022, and specific paragraphs of the complaint are dismissed with prejudice, while the remainder are dismissed without prejudice. The court also grants the State of Ohio’s motion to dismiss for failure to state a claim, certifies that an appeal would not be taken in good faith, and terminates the case.
Topics
Practice areas
Questions Presented
- Whether plaintiff is entitled to class certification.
- Whether plaintiff's claims should be dismissed.
- Whether the State of Ohio's motion to dismiss for failure to state a claim should be granted.
- Whether plaintiff should be denied in forma pauperis status on appeal.
Holdings
- The motion seeking class certification is denied.
- All of plaintiff's claims are dismissed; claims based on conduct prior to June 17, 2022 and paragraphs 69‑72 of the amended complaint are dismissed with prejudice, all other claims are dismissed without prejudice.
- The motion is granted.
- Plaintiff is denied in forma pauperis status on appeal.
Key quotations
“As with all pro se litigants, Terry’s documents and allegations are liberally construed in her favor. See Erickson v. Pardus, 551 U.S. 89, 94 (2007) (per curiam).”
Factual background
Plaintiff Camilia T. Terry, a prisoner, alleged constitutional violations by prison officials. The allegations were presented pro se in the amended complaint.
Procedural history
Plaintiff filed pro se civil rights action in the Southern District of Ohio. Magistrate Judge issued a report and recommendation. Parties did not object. District Judge adopted the report, denied class certification, dismissed claims, granted the State's motion to dismiss, and denied IFP status.