Phelps v. Macconnell et al
Filing
28
ENTRY AND ORDER OVERRULING PHELPS' OBJECTIONS 27 TO THE CHIEF MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS REGARDING MacCONNELL'S MOTIONS TO DISMISS AND FOR ATTORNEYS' FEES; ADOPTING THE CHIEF MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS 26 IN ITS ENTIRETY; GRANTING MacCONNELL'S MOTION TO DISMISS AND DENYING MacCONNELL'S MOTION FOR ATTORNEYS' FEES. Signed by Judge Thomas M Rose on 10/17/13. (ep)
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
COY PHELPS,
Case No. 3:12-cv-344
Plaintiff,
Judge Thomas M. Rose
Chief Magistrate Judge Sharon L. Ovington
-vRION MACCONNELL, et al.,
Defendants.
______________________________________________________________________________
ENTRY AND ORDER OVERRULING PHELPS’ OBJECTIONS (Doc. #27)
TO THE CHIEF MAGISTRATE JUDGE’S REPORT AND
RECOMMENDATIONS REGARDING MacCONNELL’S MOTIONS TO
DISMISS AND FOR ATTORNEYS’ FEES; ADOPTING THE CHIEF
MAGISTRATE JUDGE’S REPORT AND RECOMMENDATIONS (Doc.
#26) IN ITS ENTIRETY; GRANTING MacCONNELL’S MOTION TO
DISMISS AND DENYING MacCONNELL’S MOTION FOR
ATTORNEYS’ FEES
______________________________________________________________________________
Pro Se Plaintiff Coy Phelps (“Phelps”) brought this action against Defendants Rion
MacConnell (“MacConnell”), Heather F. Green and U.S. Mint Green, Ltd., to recover damages
for various alleged wrongs. On March 25, 2013, MacConnell filed Motions To Dismiss (doc.
#16) and for attorneys’ fees (doc. #17).
On September 11, 2013, Chief Magistrate Judge Sharon L. Ovington issued a Report and
Recommendations recommending that MacConnell’s Motion To Dismiss be granted and that
MacConnell’s Motion for Attorneys’ Fees be denied. Phelps subsequently objected to this
Report and Recommendations. (Doc. #27.) The time has run and MacConnell has not responded
to Phelps’ Objections. 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 Phelps’ Objections to the Chief Magistrate Judge’s Report and Recommendations
regarding MacConnell’s Motions To Dismiss and for attorneys’ fees are not well-taken, and they
are hereby OVERRULED. The Chief Magistrate Judge’s Report and Recommendations is
adopted in its entirety.
MacConnell’s Motion To Dismiss (doc. #16) is granted. MacConnell’s Motion for
Attorneys’ Fees (doc. #17) is denied.
DONE and ORDERED in Dayton, Ohio, this Seventeenth Day of October, 2013.
s/Thomas M. Rose
_______________________________
THOMAS M. ROSE
UNITED STATED DISTRICT JUDGE
Copies furnished to:
Counsel of Record
Coy Phelps at his last address of record
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