# Burke v. Aramark Correctional Services

> District Court, S.D. Ohio · May 17, 2023

URL: https://www.frixlaw.com/law-library/cases/10382420

## Case

- **Court:** District Court, S.D. Ohio
- **Decided:** May 17, 2023
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/10382420

## How later opinions describe it (automated extraction)

- applying Federal Rule of Civil Procedure 2 Formerly 28 U.S.C. § 1915(d). 12(b)(6) standards to review under 28 U.S.C. §§ 1915A and 1915(e)(2)(B)(ii)
- holding that Department of Corrections not a “person” under § 1983

## Opinion text

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

NORMAN BURKE, : Case No. 2:22-cv-4421
:
Plaintiff, :
: District Judge Algenon L. Marbley
vs. :
Magistrate Judge Elizabeth P. Deavers
:

ARAMARK CORRECTIONAL :

SERVICES, et al., :
:
Defendants.

ORDER AND
REPORT AND RECOMMENDATION

Plaintiff, a prisoner previously at the Warren Correctional Institution (WCI), currently
located at the Chillicothe Correctional Institution, has filed a pro se civil rights complaint
pursuant to 42 U.S.C. § 1983 against thirty defendants, including Aramark Correctional Services,
the Ohio Department of Rehabilitation and Correction (ODRC), ODRC officials, and WCI
employees. (Doc. 1-1, Complaint at PageID 8-12).1 By separate Order plaintiff has been granted
leave to proceed in forma pauperis.
This matter is before the Court for a sua sponte review of the complaint to determine
whether the complaint, or any portion of it, should be dismissed because it is frivolous, malicious,
fails to state a claim upon which relief may be granted or seeks monetary relief from a defendant
who is immune from such relief. See Prison Litigation Reform Act of 1995 § 804, 28 U.S.C. §
1915(e)(2)(B); § 805, 28 U.S.C. § 1915A(b).

1 Complaints based on similar factual allegations were filed in the following related cases: Woods
v. Aramark Corr. Servs., Case No. 2:22-cv-4220 (S.D. Ohio Dec. 19, 2022); King v. Aramark
Corr. Servs., Case No. 2:23-cv-156 (S.D. Ohio Jan. 12, 2023). See also Thompson v. Aramark
Corr. Servs., Case No. 2:23-cv- 1275 (S.D. Ohio Apr. 11, 2023).
Screening of Plaintiff’s Complaint
A. Legal Standard
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) as part of the statute, which
provides in pertinent part:
(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;

(ii) fails to state a claim on which relief may be granted; or

(iii) seeks monetary relief against a defendant who is immune from such relief.

28 U.S.C. § 1915(e)(2)(B); Denton, 504 U.S. at 31. See also § 1915A(b). Thus, § 1915(e) requires
sua sponte dismissal of an action upon the Court’s determination that the action is frivolous or
malicious, or upon determination that the action fails to state a claim upon which relief may be
granted.
To properly 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

2 Formerly 28 U.S.C. § 1915(d).
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) (quoting Bell Atlantic Corp.
v. Twombly, 550 U.S. 544, 555 (2007)). A complaint will not “suffice if it tenders ‘naked
assertion[s]’ devoid of ‘further factual enhancement.’” Id. (quoting Twombly, 550 U.S. at 557).
Instead, to survive a motion to dismiss for failure to state a claim under Rule 12(b)(6), “a complaint
must contain sufficient factual matter . . . to ‘state a claim to relief that is plausible on its face.’”
Id. (quoting Twombly, 550 U.S. at 570). 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 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 Cnty. Sheriff’s Dep’t., No. 08-3978, 2010 WL 1252923, at *2 (6th Cir. April 1, 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)).
B. Allegations in the Complaint
In the complaint, plaintiff alleges that he was served contaminated food during dinner on
November 27, 2021 while at WCI. (Doc. 1-1, Complaint at PageID 16). According to plaintiff,
defendant Aramark, Aramark coordinator Woods, John/Jane Doe Aramark supervisor, and other
ODRC correctional officers intentionally served plaintiff and other inmates food out of a trash can.
(Id.). Plaintiff alleges that defendant Sgt Maggard reviewed the November 27, 2021 food service
video footage with plaintiff. According to plaintiff, the video shows Woods retrieving beans out

of the trash can and putting them on the serving line. (Id. at 18). Plaintiff further alleges that
defendants Aramark employee Ms. Moody and C.O. Moody both confirmed that the food was
served from the trash can.
Plaintiff alleges that hours after dinner, he experienced symptoms in the form of upset
stomach, cramps, severe diarrhea, and vomiting. (Id. at PageID 16). After his symptom persisted
for several days, plaintiff alleges that a correctional officer informed plaintiff that two inmate food-
workers—inmates Edward Smith and Richard Burton—alerted a lieutenant and officer that
defendant Woods “had retrieved beans from a contaminated trash can, and had them placed on
trays to be served.” (Id. at PageID 17). According to plaintiff, he was informed that Smith and
Burton were placed in segregation in an attempt to silence them.

On December 2, 2021, plaintiff claims that he filed a kite with defendant institutional
inspector Isaac Bullock concerning the November 27, 2021 dinner. Plaintiff claims that Bullock
informed plaintiff that the issue “has been verified and addressed” and that “[c]orrective actions
have been taken.” (Id.). Plaintiff alleges that instead of directing staff to send plaintiff to medical,
Bullock informed plaintiff that he would have to complete a health service request for his medical
needs, which plaintiff notes would take several days. According to plaintiff, ODRC medical staff
refused to see him in an alleged effort to cover up that contaminated food was served and to avoid
diagnosing plaintiff. (Id. at PageID 18-19). As detailed below, plaintiff alleges that instead of
providing him with medical care, defendants attempted to cover-up the incident and retaliated
against inmates who sought medical attention or filed grievances.
Plaintiff alleges that defendant Jane Doe health-care administrator provided a list of all
inmates who reported stomach issues to defendants Bullock, Agee and Tatman.3 (Id. at PageID
19). According to plaintiff, on December 5, 2021, defendant officer Cook informed plaintiff that
he and the other inmates reporting symptoms would not be permitted to leave their cells until they

had a conversation with a “white shirt,” which plaintiff indicates refers to a major, captain,
lieutenant, or sergeant. Plaintiff alleges that defendant Lt. Tatman—sent by Captain Agee—
subsequently screamed at the inmates reporting symptoms, noting that he had seen their medical
complaints and stating that “I’m locking the entire Unit down, because we fired the bitch what else
do you want us to do? . . . “You[’]r[e] sick so what . . . sleep it the fuck off.” (Id.). Tatman
allegedly attempted to intimidate inmates from going to medical or further reporting their
symptoms, threating that he would make their lives living hell if his “staff gets in trouble over that
Aramark bitch” and presented them with a choice to go to medical or remain locked down. (Id.).
According to plaintiff, family members of the impacted inmates called the institution,
demanding that their family members be seen by medical or they would contact the state troopers.

(Id. at PageID 20). Plaintiff claims that he and nine other inmates were subsequently escorted to
medical by defendant Ms. Penunzio. Although he was taken to medical, plaintiff claims that

3 In doing so, plaintiff claims that defendant violated the Health Insurance Portability and
Accountability Act (“HIPPA”). (See Doc. 21). However, “HIPPA regulations do not confer a
private right of action on an individual.” Burley v. Rider, No. 1:17-CV-88, 2018 WL 6033531, at
*5 (W.D. Mich. Aug. 27, 2018), report and recommendation adopted, No. 1:17-CV-88, 2018 WL
4443071 (W.D. Mich. Sept. 18, 2018). Out of an abundance of caution and as indicated below,
plaintiff may proceed with the complaint against this defendant, as the Court liberally construes
the complaint to allege that defendant acted within the alleged course of retaliation.
defendants nurse practitioners Sky and Rachel conducted a “fake screening” consisting solely of
checking their blood pressure before stating “well we seen you.” (Id.). Plaintiff further alleges
that instead of providing him with any treatment, the defendant nurses made jokes about the
inmates being fed out of the trash can and stated “this is what you signed up for coming to prison.”
(Id. at PageID 24).
Plaintiff claims the inmates were taken from medical and placed on “quarantine status”
until December 9, 2021, as a punishment for filing grievances and seeking medical treatment. (Id.

at PageID 20-21). During this time, plaintiff claims that he was so sick he could not leave his bed,
but that defendants Epperson and Farmer disregarded his requests to see medical. (Id. at PageID
21). Agee allegedly attributed the lockdown to COVID-19, however plaintiff notes that this
contradicts Tatman’s earlier comments and that none of the inmates were tested for COVID-19.
During the lockdown, which plaintiff claims was only imposed against those who sought medical
after Tatman’s comments, plaintiff claims inmates were restricted from filing grievances or
complaints.
Plaintiff claims that on December 6, 2021, after he continued to demand medical attention,
plaintiff and other inmates were taken to medical. According to plaintiff, he saw defendant John
Doe doctor, who indicated that “nobody says you all have COVID-19,” refused to diagnose

plaintiff or others, and kept them on “quarantine status,” despite failing to explain why they were
locked down. (Id. at PageID 22). Plaintiff claims defendant warden Mitchell-Jackson was present
and spoke with medical staff at this time. According to plaintiff, Jackson yelled at the inmates
about having to come into work early because of them and otherwise refused to converse with
them.
Plaintiff claims that defendants Luneke, Back, Williams, Macintosh, Wells, and several
others subsequently held a “town hall meeting,” during which Luneke stated that inmates were not
transferring institutions for at least eight weeks, their doors were to remain closed, and no questions
were to be answered regarding “Aramark.” (Id. at PageID 22). Plaintiff alleges that defendants
placed them on lock-down “to prevent plaintiff and the other inmates from exposing that they were
fed contaminated food by Aramark” and in retaliation for filing informal complaints and for
seeking information and medical attention in connection with the allegedly contaminated food.
(Id. at PageID 23).
On or around January 10, 2022, plaintiff alleges that all the inmates in the unit were

transferred to the Chillicothe Correctional Center on an “emergency transfer.” (Id.).
As relief, plaintiff seeks monetary damages. (Id. at PageID 26).
C. Analysis.
Based on the above factual allegations, the Court understands plaintiff to bring Eighth
Amendment deliberate indifference and First Amendment retaliation claims, as well as state-law
claims, against defendants in their individual and official capacities. (See id. at PageID 23-25).
At this stage in the proceedings, without the benefit of briefing by the parties to this action,
the undersigned concludes that plaintiff may proceed with his First and/or Eighth Amendment
claims (as well as his supplemental state-law claims) against defendants Woods, John/Jane Doe
Aramark supervisor, nurse Sky, nurse Rachel, John Doe physician, Jane Doe health-care

administrator, Agee, Tatman, Mitchell-Jackson, Bullock, Williams, Cook, Luneke, Back,
Macintosh, Wells, Farmer, and Epperson in their individual capacities. As detailed above, plaintiff
alleges that these defendants intentionally served him and others contaminated food, denied him
medical treatment/were deliberately indifferent to his medical needs, and/or retaliated against him.
These claims are deserving of further development and may proceed at this juncture.
Plaintiff’s remaining claims should be dismissed. See 28 U.S.C. §§ 1915(e)(2)(B) &
1915A(b).
As an initial matter, plaintiff’s claims against the state defendants in their official capacities
are subject to dismissal. As noted above, plaintiff seeks relief in the form of money damages. (See
Doc. 1 at PageID 26). Absent an express waiver, a state is immune from damage suits under the
Eleventh Amendment. P.R. Aqueduct & Sewer Auth. v. Metcalf & Eddy, 506 U.S. 139 (1993);
Edelman v. Jordan, 415 U.S. 651 (1974). The State of Ohio has not constitutionally nor statutorily
waived its Eleventh Amendment immunity in the federal courts. See Johns v. Supreme Court of
Ohio, 753 F.2d 524 (6th Cir. 1985); State of Ohio v. Madeline Marie Nursing Homes, 694 F.2d

449 (6th Cir. 1982). The Eleventh Amendment bar extends to actions where the state is not a
named party, but where the action is essentially one for the recovery of money from the state.
Edelman, 415 U.S. at 663; Ford Motor Co. v. Dep’t of Treasury, 323 U.S. 459, 464 (1945). A suit
against defendants in their official capacities would, in reality, be a way of pleading the action
against the entity of which defendants are agents. Monell v. Dep’t of Social Servs., 436 U.S. 658,
690 (1978). Thus, actions against state officials in their official capacities are included in this bar.
Will v. Michigan Dept. of State Police, 491 U.S. 58, 70-71 (1989); Scheuer v. Rhodes, 416 U.S.
232 (1974). See also Colvin v. Caruso, 605 F.3d 282, 289 (6th Cir. 2010) (citing Cady v. Arenac
Co., 574 F.3d 334, 344 (6th Cir. 2009) (“[A]n official-capacity suit against a state official is
deemed to be a suit against the state and is thus barred by the Eleventh Amendment, absent a

waiver.”) (citation and ellipsis omitted)). Therefore, all of the named state defendants are immune
from suit in their official capacities to the extent that plaintiff seeks monetary damages.
The complaint must also be dismissed against defendants Bratton, Stanforth, Sandman,
Ms. S, and Kearns. Although these individuals are named as defendants to this action, the
complaint contains no factual allegations against them. To survive dismissal for failure to state a
claim upon which relief may be granted, plaintiff must plead factual content that allows the Court
to reasonably infer that a named defendant is liable for the alleged misconduct. Iqbal, 556 U.S. at
678. Absent any specific factual allegations against these defendants, the complaint should be
dismissed as to defendants Bratton, Stanforth, Sandman, Ms. S, and Kearns for failure to state a
claim upon which relief may be granted.
Similarly, the complaint should be dismissed against defendants Ms. Penunzio, Ms. Morris,
Sgt. Maggard, Ms. Moody, and C.O. Moody. Plaintiff has pled insufficient facts to suggest that
these defendants violated his rights. Plaintiff’s only allegations against defendants Penunzio and
Morris is that Penunzio escorted him and other inmates to medical and that Ms. Morris was

working when Jane Doe health administrator “retrieved medical paperwork held at the desk area
of the unit.” (See Doc. 1-1, Complaint at PageID 20, 22). With respect to defendants Maggard,
Ms. Moody, and C.O. Moody, plaintiff alleges that these defendants confirmed that contaminated
food was served. (Id. at 18). The complaint includes no factual allegation that these defendants
served plaintiff contaminated food, denied him medical treatment, or retaliated against him. To
the extent that plaintiff seeks to hold Sgt. Maggard liable based on his supervisory position or
failure to intervene or correct the conduct of others (see id.), Ҥ 1983 liability must be based on
more than respondeat superior, or the right to control employees.” Shehee v. Luttrell, 199 F.3d
295, 300 (6th Cir. 1999) (citing Hays v. Jefferson Cnty., Ky., 668 F.2d 869, 874 (6th Cir. 1982)).
Plaintiff’s allegations against these defendants are insufficient to plausibly set forth an actionable

claim.
The complaint should also be dismissed as to the ODRC and Aramark. Title 42 U.S.C. §
1983 provides that “[e]very person who, under the color of any statute . . . subjects, or causes to
be subjected, any citizen of the United States . . . to the deprivation of any rights, privileges, or
immunities secured by the Constitution and laws, shall be liable to the party injured . . . .” 42
U.S.C. § 1983. A correctional facility is not a “person” subject to suit under 42 U.S.C. § 1983.
See Parker v. Michigan Dept. of Corrs., 65 F. App’x 922, 923 (6th Cir. 2003) (holding that
Department of Corrections not a “person” under § 1983). See also, e.g., McGlone v. Warren Corr.
Inst., No. 1:13cv126, 2013 WL 1563265, at *3 (S.D. Ohio Apr. 12, 2013) (Bowman, M.J.) (Report
& Recommendation) (and numerous cases cited therein) (holding that claims against a state prison
and the ODRC should be dismissed at the screening stage because “neither the state prison facility
nor the state corrections department is an entity capable of being sued under § 1983”), adopted,
2013 WL 2352743 (S.D. Ohio May 29, 2013) (Dlott, J.); see also Hix v. Tennessee Dep’t of Corr.,
196 F. App’x 350, 355-56 (6th Cir. 2006) (and cases cited therein); Rodgers v. Michigan Dep’t of

Corr., 29 F. App’x 259, 260 (6th Cir. 2002). Accordingly, the complaint should be dismissed
against the ODRC.
The complaint should also be dismissed as to Aramark. Plaintiff seeks to hold Aramark
liable for its “personel[’s] failure to practice good food handling procedures and sanitation.” (Doc.
1-1, Complaint at PageID 16). However, plaintiff may not hold Aramark liable based on the
conduct of its employees, as the theory of respondeat superior does not apply to § 1983 claims
and may not serve as a basis for liability. See Iqbal, 556 U.S. at 676; Monel, 436 U.S. 658; Hill v.
Marshall, 962 F.2d 1209, 1213 (6th Cir. 1992). “[Section] 1983 liability of supervisory personnel
must be based on more than the right to control employees.” Bellamy v. Bradley, 729 F.2d 416,
421 (6th Cir. 1984). Accordingly, to the extent that plaintiff seeks to hold Aramark liable for the

conduct of its employees he fails to state a claim up on which relief may be granted. See, e.g.,
Kidwell v. Shirmekas, Case No. 20-3239-SAC, 2021 WL 122849, at *3 (D. Kan. Jan. 13, 2021)
(“Under some circumstances, corporations like Aramark may be considered as persons acting
under color of state law for purposes of § 1983. But, they may not be held liable based upon
respondeat superior—that is, solely because they employ a person who violated the
Constitution.”). Because plaintiff has failed to allege facts that would subject Aramark to liability
itself, see Harris v. Aramark Corr. Servs., No. 20-3343, 2021 WL 7543808, at *3 (6th Cir. Dec.
27, 2021), Aramark should be dismissed as a defendant to this action.
Accordingly, in sum, plaintiff may proceed with this action against defendants Woods,
John/Jane Doe Aramark supervisor, nurse Sky, nurse Rachel, John Doe physician, Jane Doe
health-care administrator, Agee, Tatman, Mitchell-Jackson, Bullock, Williams, Cook, Luneke,
Back, Macintosh, Wells, Epperson, and Farmer in their individual capacities.
Having found that the remaining claims alleged in the complaint fail to state a claim upon

which relief may be granted, plaintiff’s remaining claims should be dismissed. See 28 U.S.C. §§
1915(e)(2)(B) & 1915A(b).
IT IS THEREFORE RECOMMENDED THAT:
1. The complaint be DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B) & 1915A(b),
with the exception of plaintiff’s claims against defendants Woods, John/Jane Doe Aramark
supervisor, nurse Sky, nurse Rachel, John Doe physician, Jane Doe health-care administrator,
Agee, Tatman, Mitchell-Jackson, Bullock, Williams, Cook, Luneke, Back, Macintosh, Wells,
Epperson, and Farmer in their individual capacities.
2. The Court DECLINE to exercise supplemental jurisdiction under 28 U.S.C.
§ 1367(c)(3) over any state-law claims against the dismissed defendants, and DISMISS any such

claims without prejudice. See Maze v. Ironton Police Dep’t, No. 1:20-cv-402, 2020 WL
3605865, at *5 (S.D. Ohio July 2, 2020), (Report and Recommendation), adopted, No. 1:20-cv-
402, 2020 WL 5094843 (S.D. Ohio Aug. 28, 2020).
3. The Court certify pursuant to 28 U.S.C. § 1915(a)(3) that for the foregoing reasons
an appeal of any Order adopting this Report and Recommendation would not be taken in good
faith, and therefore, deny plaintiff leave to appeal in forma pauperis. See McGore v.
Wrigglesworth, 114 F.3d 601 (6th Cir. 1997).
IT IS THEREFORE ORDERED THAT:
1. The United States Marshal shall serve a copy of the complaint, summons, the Order
granting plaintiff in forma pauperis status, and this Order and Report and Recommendation upon
defendants Woods, nurse Sky, nurse Rachel, Agee, Tatman, Mitchell-Jackson, Bullock,
Williams, Cook, Luneke, Back, Macintosh, Wells, Epperson, and Farmer with costs of service
to be advanced by the United States.
Before service may be issued upon the remaining unidentified defendants— John/Jane

Doe Aramark supervisor, John Doe physician, and Jane Doe health-care administrator—plaintiff
must file a motion to issue service setting forth the identity of the unidentified defendant.
Plaintiff is therefore ORDERED to file a motion to issue service, including United States
Marshal and summons forms, if and when plaintiff discovers the identity of the unnamed
defendants through discovery. Plaintiff is advised that no service will be issued on the unnamed
defendants unless plaintiff complies with this Order.
2. Plaintiff shall serve upon defendants or, if appearance has been entered by counsel,
upon defendants’ attorney(s), a copy of every further pleading or other document submitted for
consideration by the Court. Plaintiff shall include with the original paper to be filed with the
Clerk of Court a certificate stating the date a true and correct copy of any document was mailed

to defendants or defendants’ counsel. Any paper received by a district judge or magistrate judge
which has not been filed with the Clerk or which fails to include a certificate of service will be
disregarded by the Court.
3. Plaintiff shall inform the Court promptly of any changes in his address which may
occur during the pendency of this lawsuit.
NOTICE REGARDING OBJECTIONS
Pursuant to Fed. R. Civ. P. 72(b), any party may serve and file specific, written objections
to this Report & Recommendation (“R&R”) within FOURTEEN (14) DAYS after being served
with a copy thereof. That period may be extended further by the Court on timely motion by either
side for an extension of time. All objections shall specify the portion(s) of the R&R objected to,
and shall be accompanied by a memorandum of law in support of the objections. A party shall
respond to an opponent’s objections within FOURTEEN DAYS after being served with a copy

of those objections. Failure to make objections in accordance with this procedure may forfeit
rights on appeal. See Thomas v. Arn, 474 U.S. 140 (1985); United States v. Walters, 638 F.2d 947
(6th Cir. 1981).

Date: May 17, 2023 s/ Elizabeth A. Preston Deavers_
Elizabeth A. Preston Deavers
United States Magistrate Judge

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10382420. Public record. Not legal advice.