Mohammad-Yahya Dweidary v. Cincinnati, City of et al, No. 1:2013cv00911 - Document 10 (S.D. Ohio 2014)
Court Description: DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 5 ), DISMISSING THE CITY OF CINCINNATI AS A DEFENDANT ANDDISMISSING PLAINTIFF'S CLAIM OF EMPLOYMENT DISCRIMINATION. Signed by Judge Timothy S. Black on 1/29/2014. (mr1)
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION MOHAMMAD-MUAWYEH MOHAMMAD-YAHYA DWEIDARY, Plaintiff, vs. : : : : : IMMIGRATION and NATURALIZATION SERVICE ( INS ), : Defendant. : Case No. 1:13-cv-911 Judge Timothy S. Black Magistrate Judge Karen L. Litkovitz DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 5), DISMISSING THE CITY OF CINCINNATI AS A DEFENDANT AND DISMISSING PLAINTIFF S CLAIM OF EMPLOYMENT DISCRIMINATION This civil case is before the Court pursuant to the Order of General Reference in the United States District Court for the Southern District of Ohio, Western Division, to United States Magistrate Judge Karen L. Litkovitz. Pursuant to such reference, the Magistrate Judge reviewed the pleadings filed with this Court and, on December 20, 2013, submitted a Report and Recommendation. (Doc. 5). Plaintiff filed Objections to the Report and Recommendation on December 30, 2013 and supplemental Objections to the Report and Recommendation on January 22, 2014. (Docs. 8 and 9). As required by 29 U.S.C. ยง 636(b) and Fed. R. Civ. P. 72(b), the Court has reviewed the comprehensive findings of the Magistrate Judge and considered de novo all of the relevant filings in this matter. Upon consideration of the foregoing, the Court does determine that such Report and Recommendation should be and is hereby adopted in its entirety. Accordingly: 1. The Report and Recommendation (Doc. 5) is ADOPTED; 2. The City of Cincinnati is DISMISSED as a Defendant; and 3. Plaintiff s claim of employment discrimination is DISMISSED on the basis that Plaintiff has failed to state a claim on which relief may be granted. 4. Plaintiff s complaint proceeds only upon a claim against INS for allegedly failing to act timely upon Plaintiff s application for United States citizenship. IT IS SO ORDERED. Date: 1/29/2014 /s/ Timothy S. Black Timothy S. Black United States District Judge 2
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