Brooks v. Dalton et al, No. 1:2016cv00564 - Document 40 (S.D. Ohio 2017)

Court Description: DECISION AND ENTRY ADOPTING 39 REPORT AND RECOMMENDATIONS. Plaintiff's two motions for summary judgment (Docs. 20, 23) are DENIED. Plaintiff's motion for default judgment (Doc. 35) is DENIED AS MOOT. Defendants' motion fo r summary judgment (Doc. 34) is GRANTED. All claims are accordingly DISMISSED WITH PREJUDICE except for Plaintiff's pendent state law claim against Defendant Dalton, which is DISMISSED WITHOUT PREJUDICE. This case shall be CLOSED. Signed by Judge Timothy S. Black on 8/16/17. (sct) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

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Brooks v. Dalton et al Doc. 40 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION ULIOUS BROOKS, Plaintiff, vs. JESSICA DALTON, et al., Defendants. : : : : : : : : : Case No. 1:16-cv-564 Judge Timothy S. Black Magistrate Judge Stephanie K. Bowman DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 39) This 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 Stephanie K. Bowman. Pursuant to such reference, the Magistrate Judge reviewed the pleadings filed with this Court and, on June 12, 2017, submitted a Report and Recommendations. (Doc. 39). No objections were filed. As required by 28 U.S.C. § 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 filings in this matter. Upon consideration of the foregoing, the Court does determine that such Report and Recommendations should be and is hereby adopted in its entirety. Accordingly, IT IS ORDERED that: 1) Plaintiff’s two motions for summary judgment (Docs. 20, 23) are DENIED; 1 Dockets.Justia.com 2) Plaintiff’s motion for default judgment (Doc. 35) is DENIED AS MOOT; 3) Defendants’ motion for summary judgment (Doc. 34) is GRANTED. All claims are accordingly DISMISSED WITH PREJUDICE except for Plaintiff’s pendent state law claim against Defendant Dalton, which is DISMISSED WITHOUT PREJUDICE; 4) The Clerk shall enter judgment accordingly, whereupon this case shall be CLOSED. IT IS SO ORDERED. Date: 8/16/17 ______________________ Timothy S. Black United States District Judge 2

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