The opinion
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
RAY SCOTT HEID, et al., :
:
Plaintiffs, : Case No. 1:25-cv-107
:
vs. : Judge Jeffery P. Hopkins
:
WARDEN, OHIO DEPARTMENT OF
:
REHABILITATION AND
:
CORRECTIONS, et al.,
:
Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION
This matter is before the Court on the Report and Recommendation (Doc. 40) issued
by Magistrate Judge S. Courter M. Shimeall on June 15, 2026. The Magistrate Judge
recommends that Plaintiff’s claims against the two Lt. John Does, “John Doe Attorney”,
Annette Chambers-Smith, “Sargeant” Detty, CO Huffman, Capt. Windom, Mailroom
Worker Wright, Eric Graves, “Sargeant” Schumacher, Lt. Shanklin, Wanza Jackson
Mitchell, Mailroom Worker Rosengarten, Case Manager Shivley, the Ohio Parole Board,
Brian Cook, and Warden Donny Morgan be dismissed without prejudice for failure to timely
effect service of process. No objections have been filed and the time for filing such objections
under Fed. R. Civ. P. 72(b) has expired.
Having carefully reviewed the comprehensive findings and conclusions of the
Magistrate Judge and finding no clear error, the Court hereby ADOPTS the Report and
Recommendation in its entirety. See Fed. R. Civ. P. 72 (advisory committee notes from 1983
amendment) (“When no timely objection is filed, the court need only satisfy itself that there
is no clear error on the face of the record in order to accept the recommendation”); see e.g.,
Roane v. Warden of Corr. Reception Ctr., No. 2:22-cv-2768, 2022 WL 16535903, at *1 (S.D. Ohio
Oct. 28, 2022). Accordingly, the Court DISMISSES without prejudice Plaintiff's claims
against the following defendants for failure to timely effect service of process: the two Lt. John
Does, “John Doe Attorney”, Annette Chambers-Smith, “Sargeant” Detty, CO Huffman,
Capt. Windom, Mailroom Worker Wright, Eric Graves, “Sargeant” Schumacher, Lt.
Shanklin, Wanza Jackson Mitchell, Mailroom Worker Rosengarten, Case Manager Shivley,
the Ohio Parole Board, Brian Cook, and Warden Donny Morgan.
IT IS SO ORDERED.
June 30, 2026 aap
effety(P. Hopkins
United States District Judge