Cook v. Woodard et al, No. 1:2017cv00532 - Document 27 (S.D. Ohio 2018)
Court Description: DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 15 ). Signed by Judge Timothy S. Black on 3/1/18. (jlm)(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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Cook v. Woodard et al Doc. 27 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION JOHNNIE D. COOK, Plaintiff, v. RYAN WOODARD, et al., Defendants. : : : : : : Case No. 1:17-cv-532 Judge Timothy S. Black Magistrate Judge Stephanie K. Bowman DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 15) This case is before the Court pursuant to the Order of General Reference to United States Magistrate Judge Stephanie K. Bowman. Pursuant to such reference, the Magistrate Judge reviewed the pleadings filed with this Court and, on November 30, 2017, submitted a Report and Recommendation. (Doc. 15). 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, IT IS ORDERED as follows: 1) Plaintiff’s amended complaint (Doc. 10) is DISMISSED WITH PREJUDICE pursuant to 28 U.S.C. §§1915(e)(2)(B) and 1915A(b)(1), with the exception of the following claims, which may proceed: Plaintiff’s Eighth Amendment claim of excessive force against defendant Ryan Woodard, as stated in the original complaint, and Plaintiff’s retaliation claim against defendant Cool, as stated in the amended complaint. See 28 U.S.C. §§ 1915(e)(2)(B) & 1915A(b). 1 Dockets.Justia.com 2) Defendant’s motion to dismiss the amended complaint as to Defendant Woodard (Doc. 11) is DENIED. IT IS SO ORDERED. Date: 3/1/18 s/ Timothy S. Black Timothy S. Black United States District Judge 2
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