Harris v. Battle

Filing 26

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 23 Report and Recommendation, granting 17 Defendant's Motion for Summary Judgment. The Court DIRECTS the Clerk to close this matter on the docket. Signed by Judge S Arthur Spiegel on 10/23/2013. (km1)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION ISAAC HARRIS, : : : : : : : : : Plaintiff, v. ROSALIE BATTLE, Defendant. This matter is before NO. 1:12-CV-00940 ORDER the Court on the Magistrate Judge’s September 25, 2013 Report and Recommendation (doc. 23). Proper notice was provided to the parties under 28 U.S.C. § 636(b)(1)(C), including the advice that they would waive further appeal if they failed to file an objection to said Report and Recommendation in a timely manner. See United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981). To date, no objections have been filed.1 1 In this regard we note that an “Acknowledgment of Service” was signed on Plaintiff’s behalf by one “Jason Selzer” on September 30, 2013 and docketed by the Clerk two days later (doc. 25). Having reviewed this matter pursuant to 28 U.S.C. § 636(b)(1), Report correct. in all the and Court concludes Recommendation is that the thorough, Magistrate Judge’s well-reasoned and Accordingly, the Court ACCEPTS, ADOPTS and AFFIRMS it respects, GRANTS Defendant Battle’s First Motion for Summary Judgment (doc. 17), and DIRECTS the Clerk to close this matter on the docket. SO ORDERED. Dated: October 23, 2013 s/S. Arthur Spiegel________________ S. Arthur Spiegel United States Senior District Judge

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