Harris v. Erdos et al, No. 1:2020cv00769 - Document 33 (S.D. Ohio 2022)

Court Description: DECISION AND ENTRY adopting the Report and Recommendation of the United States Magistrate Judge (Doc. 32 ); and terminating this case on the Court's docket. Signed by Judge Timothy S. Black on 3/31/2022. (rrs)(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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Harris v. Erdos et al Doc. 33 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION CORNELIUS HARRIS, Plaintiff, vs. RON ERDOS, et al., Defendants. : : : : : : : Case No. 1:20-cv-769 Judge Timothy S. Black Magistrate Judge Stephanie K. Bowman DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 32); AND TERMINATING THIS CASE ON THE COURT’S DOCKET 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 submitted a Report and Recommendation on March 15, 2022, recommending that Defendants’ motion for summary judgment be granted, Plaintiff’s motion to amend the Complaint be denied without prejudice to refiling new claims in a separate civil action, Plaintiff’s remaining motions be denied as moot, and the case be closed on this Court’s docket. (Doc. 32). No objections were filed, and the time for doing so has now expired. 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 relevant filings in this case. Upon consideration of the foregoing, the Court finds that the Report and Recommendation should be and is hereby adopted in its entirety. Accordingly: Dockets.Justia.com 1. The Report and Recommendation (Doc. 32) is ADOPTED; 2. Defendants’ motion for summary judgment (Doc. 17) is GRANTED; 3. Plaintiff’s motion to amend the Complaint (Doc. 24) is DENIED without prejudice to refiling any new claims in a separate civil action; 4. Plaintiff’s remaining motions (Docs. 25, 31) are DENIED as moot; 5. The Clerk shall enter judgment accordingly, whereupon this case shall be TERMINATED on the docket of this Court; and 6. Pursuant to 28 U.S.C. § 1915(a), the Court certifies that an appeal of this Order would not be taken in good faith and, therefore, this Court DENIES Plaintiff leave to appeal in forma pauperis. IT IS SO ORDERED. Date: 3/31/2022 s/ Timothy S. Black Timothy S. Black United States District Judge 2

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