Harden v. Bush et al, No. 3:2006cv00248 - Document 57 (S.D. Ohio 2009)

Court Description: DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE (DOC. 53 in 3:06-cv-00248-WHR-SLO) IN THEIR ENTIRETY; PLAINTIFF'S OBJECTIONS TO SAID REPORT AND RECOMMENDATIONS (DOC 54 in 3:06-cv-00248-WHR-SLO) OVERRU LED; PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (DOC. 46 in 3:06-cv-00248-WHR-SLO) OVERRULED; DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (DOC. 48 in 3:06-cv-00248-WHR-SLO) SUSTAINED; JUDGMENT TO BE ENTERED IN FAVOR OF THE REMAINING DEFENDANT AND AGAINST PLAINTIFF; TERMINATION ENTRY. Signed by Walter H Rice on 6/12/2009. (jdf1, )

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON CHARLES HARDEN, : Plaintiff, : Case No. 3:06cv248 3:08cv096 vs. : MICHAEL BUSH, et al., JUDGE WALTER HERBERT RICE : Defendants. DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE (DOC. #53) IN THEIR ENTIRETY; PLAINTIFF S OBJECTIONS TO SAID REPORT AND RECOMMENDATIONS (DOC. #54) OVERRULED; PLAINTIFF S MOTION FOR SUMMARY JUDGMENT (DOC. #46) OVERRULED; DEFENDANT S MOTION FOR SUMMARY JUDGMENT (DOC. #48) SUSTAINED; JUDGMENT TO BE ENTERED IN FAVOR OF THE REMAINING DEFENDANT AND AGAINST PLAINTIFF; TERMINATION ENTRY Pursuant to the reasoning and citations of authority set forth by the United States Magistrate Judge in her Report and Recommendations, filed April 16, 2009 (Doc. #53), as well as upon a thorough de novo review of this Court s file and the applicable law, this Court adopts said Report and Recommendations in their entirety, and overrules the Plaintiff s Objections thereto (Doc. #54). The Plaintiff s Motion for Summary Judgment (Doc. #46) is overruled; the Defendant s Motion for Summary Judgment (Doc. #48) is sustained; judgment will be ordered entered in favor of the sole remaining Defendant and against Plaintiff. The captioned cause (as well as the case consolidated therewith, 3:08cv096) is hereby ordered terminated upon the docket records of the United States District Court for the Southern District of Ohio, Western Division, at Dayton. /s/ Walter Herbert Rice June 12, 2009 Copies to: Charles Harden, Pro Se Plaintiff Gregory Dunsky, Esq. WALTER HERBERT RICE UNITED STATES DISTRICT JUDGE

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