Clark v. Burke et al, No. 1:2016cv00547 - Document 56 (S.D. Ohio 2018)

Court Description: REPORT AND RECOMMENDATION that plaintiff's 47 MOTION for Relief for Mistake be Denied as moot; plaintiff's 42 MOTION for Reconsideration of the order denying plaintiff's motion for appointment of counsel be Denied as moot; and that defendants' 48 MOTION for Summary Judgment be granted and plaintiff's excessive force claim against defendants Burke and Ewen in their individual capacities be Dismissed without prejudice for failure to exhaust administrative reme dies. An appeal of this matter would not be taken in good faith. Objections to R&R due by 5/18/2018. Signed by Magistrate Judge Karen L. Litkovitz on 5/4/2018. (art)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)