govinfo:USCOURTS-ohsd-2_25-cv-01406-2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
Achak Ben Aniyunwiya,
Plaintiff,
V.
James Stilwell, et al.,
Defendants.
Case No. 2:25-cv-1406
Judge Michael H. Watson
Magistrate Judge Jolson
ORDER
The Magistrate Judge performed an initial screen of the Amended
Complaint in this pro se prisoner civil rights case pursuant to 28 U. S.C.
§ 1915(e)(2) and 1915A and has issued a Report and Recommendation ("R&R").
R&R, ECFNo. 12.
The R&R permits certain claims against certain Defendants to proceed but
recommends that the Court dismiss other claims. Specifically, the R&R permits
the following claims against Defendants Unknown Zanesville City Jail Captain
and Unknown Zanesville City Jail Shift Officers to proceed past the initial screen:
(1) the Fourteenth Amendment conditions-of-confinement and disparate
treatment claims; and (2) First Amendment religious exercise claims. Id. at 8. All
these claims are based on Plaintiff's alleged denial of a proper diet while
incarcerated. For now, the R&R also permits Plaintiff's state-law conversion
claims to proceed against Defendants Sgt. Mark Brookover, Officer James
Stilwell, and Captain Rice.
Case: 2:25-cv-01406-MHW-KAJ Doc #: 15 Filed: 09/29/26 Page: 1 of 2  PAGEID #: <pageID>
But the R&R recommends dismissing all official-capacity claims against all
Defendants. Id. at 11-13. It recommends dismissing all claims based on an
alleged illegal vehicle search or alleged "overcharging" in state court as Heck-
barred. Id. at 13-14. It recommends dismissing all ineffective-assistance-of-
counsel claims because defense counsel was not acting under color of state law.
Id. at 14. And it recommends dismissing any excessive force claims for failure to
state a claim, /of. at 14-15.
The R&R notified Plaintiff of his right to object to those recommendations
and of the consequences of failing to do so. Id. at 21. Plaintiff did not object.
Accordingly, the Court ADOPTS the R&R without conducting a de novo
review of the same. The Court DISMISSES: (1) all official-capacity claims
against all Defendants; (2) all claims based on an alleged illegal vehicle search
or alleged "overcharging" in state court; (3) all ineffective-assistance-of-counsel
claims; and (4) all excessive force claims.
The Clerk shall terminate ECF No. 12 as a pending motion and terminate
W. Joseph Edwards as a defendant in this case.
IT IS SO ORDERED.
ICHAEL H. WATSON, JUDGE
UNITED STATES DISTRICT COURT
Case No. 2:25-cv-1406 Page 2 of 2
Case: 2:25-cv-01406-MHW-KAJ Doc #: 15 Filed: 09/29/26 Page: 2 of 2  PAGEID #: <pageID>

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