Fisher v. Cataldi et al, No. 1:2016cv00605 - Document 40 (S.D. Ohio 2017)

Court Description: DECISION AND ENTRY ADOPTING 29 REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. Defendant Smith's motion to dismiss 24 is DENIED. Signed by Judge Timothy S. Black on 12/15/17. (gs) (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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Fisher v. Cataldi et al Doc. 40 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION MICHAEL A. FISHER, Plaintiff, vs. DR. CATALDI, et al., Defendants. : : : : : : : : : Case No. 1:16-cv-605 Judge Timothy S. Black Magistrate Judge Karen L. Litkovitz DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 29) 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 and memoranda filed with this Court and, on July 12, 2017, submitted a Report and Recommendation. (Doc. 29) 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 Recommendation should be and is hereby ADOPTED in its entirety. Accordingly, Defendant Smith’s motion to dismiss (Doc. 24) is DENIED. Dockets.Justia.com IT IS SO ORDERED. Date: ____________ 12/15/17 _______________________ Timothy S. Black United States District Judge -2-

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