Magee v. Union Township Police Department et al, No. 1:2021cv00022 - Document 21 (S.D. Ohio 2021)

Court Description: DECISION AND ENTRY adopting the Report and Recommendation of the United States Magistrate Judge (Doc. 10 ). Signed by Judge Timothy S. Black on 8/31/2021. (rrs)

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Magee v. Union Township Police Department et al Doc. 21 Case: 1:21-cv-00022-TSB-KLL Doc #: 21 Filed: 08/31/21 Page: 1 of 2 PAGEID #: 285 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION CHRISTOPHER M. MAGEE, Plaintiff, vs. UNION TOWNSHIP POLICE DEPARTMENT, et al., Defendants. : : : : : : : : : : Case No. 1:21-cv-22 Judge Timothy S. Black Magistrate Judge Karen L. Litkovitz DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 10) This case is before the Court pursuant to the Order of General Reference to United States Magistrate Judge Karen L. Litkovitz. 28 U.S.C. § 636(b). Pursuant to such reference, the Magistrate Judge reviewed the pleadings filed with this Court and, on March 18, 2021, submitted a Report and Recommendation. (Doc. 10). No objections were filed, and the time for filing objections has expired. 1 The Court has reviewed the Report and Recommendation, is satisfied that there is nothing clearly erroneous or contrary to law on the face of the record, and accepts the Magistrate Judge’s recommendation. Fed. R. Civ. P. 72. Accordingly: 1. The Report and Recommendation (Doc 10) is hereby ADOPTED; and 1 On April 30, 2021, Plaintiff filed an Amended Civil Cover Sheet. (Doc. 14). The cover sheet does not include the Union Township Police Department or Ofc K-9 Havok, tending to show that Plaintiff does not oppose the Magistrate Judge’s Report and Recommendation. Dockets.Justia.com Case: 1:21-cv-00022-TSB-KLL Doc #: 21 Filed: 08/31/21 Page: 2 of 2 PAGEID #: 286 2. The complaint is DISMISSED with prejudice pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b)(1), with the exception of plaintiff’s excessive force claims against defendants Holden, Torok, Joehnk, and Disbennett. 3. Defendants Union Township Police Department and Ofc K-9 Havok are terminated from this action. 4. Plaintiff’s motion to be excused (Doc. 8) and Defendants’ motion to dismiss (Doc. 16) remain pending. IT IS SO ORDERED. Date: 8/31/2021 s/Timothy S. Black Timothy S. Black United States District Judge 2

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