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govinfo:USCOURTS-ohsd-1_25-cv-00501-1

U.S. District Court for the Southern District of Ohio · 2026-05-26

· GavelSight synced 2026-09-06 03:13:54

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IN THE UNITED STATES DISTRICT COURT 
FOR THE SOUTHERN DISTRICT OF OHIO 
WESTERN DIVISION 
 
Raymond D. Bushner, 
 
 Plaintiff, 
 
 v. 
 
Captain Cody Barrett, et al., 
 
 Defendants. 
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Judge Susan J. Dlott 
 
Order Adopting Report and 
Recommendation and 
Dismissing without Prejudice Claim 1
 
 Plaintiff Raymond D. Bushner, an inmate at the Warren Correctional Institution, has filed 
a pro se civil rights Complaint against multiple prison officers. (Doc. 3.) Magistrate Judge 
Stephanie K. Bowman issued an Order and Report and Recommendation on April 2, 2026. 
(Doc. 4.) This Order addresses only the Report and Recommendation. The Magistrate Judge 
recommended that the Court dismiss without prejudice Claim 1 pursuant to 28 U.S.C. 
§§ 1915(e)(2)(B) and 1915A(b)(1). (Id. at PageID 151.) Bushner did not file objections. 
 The Court finds no clear error in the Magistrate Judge’s conclusion that Bushner failed in 
Claim 1 of the Complaint to state a claim for denial of access to the courts upon which relief can 
be granted. Accordingly, the Report and Recommendation (Doc. 4) is ADOPTED. Claim 1 of 
the Complaint is DISMISSED WITHOUT PREJUDICE. The Court certifies under 28 U.S.C. 
§ 1915(a)(3) that an appeal of this Order would not be taken in good faith. 
 IT IS SO ORDERED. 
BY THE COURT: 
 
 
S/Susan J. Dlott 
Susan J. Dlott 
United States District Judge 
Case: 1:25-cv-00501-SJD-SKB Doc #: 15 Filed: 05/26/26 Page: 1 of 1 PAGEID #: <pageID>

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