Richardson v. Industrial Commission of Ohio et al

Filing 36

ENTRY AND ORDER OVERRULING RICHARDSON'S OBJECTIONS 35 TO THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS; ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS 34 IN ITS ENTIRETY; AND DENYING RICHARDSON'S MOTION FOR AN ORDER TO RELEASE COMPENSATION AND BENEFITS 33 . Signed by Judge Thomas M Rose on 10/8/13. (ep)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON EARL RICHARDSON, Case No. C-3:09-cv-455 Plaintiff, Judge Thomas M. Rose Magistrate Judge Michael R. Merz -vINDUSTRIAL COMMISSION OF OHIO, et al., Defendants. ______________________________________________________________________________ ENTRY AND ORDER OVERRULING RICHARDSON’S OBJECTIONS (Doc. #35) TO THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATIONS; ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATIONS (Doc. #34) IN ITS ENTIRETY; AND DENYING RICHARDSON’S MOTION FOR AN ORDER TO RELEASE COMPENSATION AND BENEFITS ______________________________________________________________________________ Pro Se Plaintiff Earl Richardson (“Richardson”) has filed a Motion for an Order To Release Compensation and Benefits. (Doc. #33.) On September 3, 2013, Magistrate Judge Michael R. Merz issued a Report and Recommendations recommending that this Motion be denied for reasons already given in the companion case, Richardson v. Dayton Public Schools, Case No. 3:10-cv-028, at Docs. #50 and #52. Richardson subsequently objected (doc. #35) and the time has run and no Defendant has responded to Richardson’s Objection. This matter is, therefore, ripe for decision. As required by 28 U.S.C. §636(b) and Federal Rules of Civil Procedure Rule 72(b), the District Judge has made a de novo review of the record in this case. Upon said review, the Court finds that Richardson’s Objections to the Magistrate Judge’s Report and Recommendations are not well-taken, and they are hereby OVERRULED. The Magistrate Judge’s Report and Recommendations is adopted in its entirety. Richardson’s Motion for an Order To Release Compensation and Benefits (doc. #33) is denied. DONE and ORDERED in Dayton, Ohio, this Eighth Day of October, 2013. s/Thomas M. Rose _______________________________ THOMAS M. ROSE UNITED STATED DISTRICT JUDGE Copies furnished to: Counsel of Record Earl Richardson at his last address of record -2-

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