Citation Codes Equivalent Citations citation codes Docket Number Civil Case No. 2:09-cv-00028. Judges George Curtis Smith Acts The Public Health And Welfare — Civil Rights — Generally — Civil Action For Deprivation Of Rights Judiciary And Judicial Procedure — Fees And Costs — Procedure — Screening The Public Health And Welfare — Civil Rights — Institutionalized Persons — Suits By Prisoners Judiciary And Judicial Procedure — United States Magistrate Judges — Court Officers And Employees — Jurisdiction, Powers, And Temporary Assignment Crimes And Criminal Procedure — Offenders With Mental Disease Or Defect — Prisons And Prisoners — Determination Of Mental Competency To Stand Trial To Undergo Postrelease Proceedings 11 So In Original. Probably Should Be “Stand Trial Or To Undergo Postrelease Proceedings”. Crimes And Criminal Procedure — Offenders With Mental Disease Or Defect — Prisons And Prisoners — Hospitalization Of A Person Due For Release But Suffering From Mental Disease Or Defect See more information ... Smart Summary Please sign up to generate summary. OPINION Sammy Lee Pendleton, Petitioner v. United States of America, Respondent. Order GEORGE SMITH, District Judge This is one of a series of actions plaintiff Sammy Lee Pendleton, a federal prisoner, has filed alleging that he is unlawfully held in prison. He styled this action a prisoner civil rights suit under 42 U.S.C. § 1983. This matter is before the Court on Pendleton's March 20, 2009 objections (doc. 12) to Magistrate Judge Abel's February 2, 2009 Report and Recommendation on initial screening under 28 U.S.C. § 1915A(a) and (b) and 42 U.S.C. § 1997e(c) that the complaint be dismissed for failure to state a claim (doc. 5). Upon de novo review as required by 28 U.S.C. § 636(b)(1)(B), the Court OVERRULES plaintiff's objections and ADOPTS the Report and Recommendation. Pendleton has been determined by Judge James L. Graham to be incompetent to stand trial for bank robbery. 18 U.S.C. § 4241(b). He wants out of prison. His remedy is through the criminal case. Judge Graham is now in the process of determining whether Pendleton should be released from custody or must be held longer. 18 U.S.C. § 4246(a). United States v. Samuel Lee Pendleton, 2:07-cr-181 (S.D. Ohio) (doc. 34). That is his sole remedy at this time. The Clerk of Court is DIRECTED to enter JUDGMENT dismissing the complaint for failure to state a claim for relief under 42 U.S.C. § 1983.