Ealy v. Danish et al, No. 3:2008cv00386 - Document 29 (S.D. Ohio 2009)

Court Description: DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE (DOC. 25 ) IN THEIR ENTIRETY; PLAINTIFF'S OBJECTIONS TO SAID JUDICIAL FILING, CONSTRUED AS TIMELY FILED (DOC. 26 ), OVERRULED; PLAINTIFF'S REQUEST FO R TEMPORARY RESTRAINING ORDER (DOC. 2 ) OVERRULED; REQUEST FOR THREE-JUDGE PANEL TO HEAR ALLEGATIONS CONTAINED IN THE RESTRAINING ORDER(DOC. 26 ) OVERRULED; PLAINTIFF'S REQUEST TO AMEND PETITION REFERRED TO MAGISTRATE JUDGE. Signed by Judge Walter H Rice on 1/30/09. (cib1)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION LARRY E. EALY, : Plaintiff, : vs. Case No. 3:08cv386 : JOHN DANISH, et al., JUDGE WALTER HERBERT RICE : Defendants. DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE (DOC. #25) IN THEIR ENTIRETY; PLAINTIFF S OBJECTIONS TO SAID JUDICIAL FILING, CONSTRUED AS TIMELY FILED (DOC. #26), OVERRULED; PLAINTIFF S REQUEST FOR TEMPORARY RESTRAINING ORDER (DOC. #2) OVERRULED; REQUEST FOR THREE-JUDGE PANEL TO HEAR ALLEGATIONS CONTAINED IN THE RESTRAINING ORDER (DOC. #26) OVERRULED; PLAINTIFF S REQUEST TO AMEND PETITION REFERRED TO MAGISTRATE JUDGE Pursuant to the reasoning and citations of authority set forth in the Report and Recommendations of the United States Magistrate Judge (Doc. #25), as well as upon a thorough review of the Court s file and the applicable law, said Report and Recommendations are adopted in their entirety. The Plaintiff s Objections to said judicial filing, construed as timely (Doc. #26), are overruled. Plaintiff s Request for a Temporary Restraining Order (Doc. #2) is overruled. Plaintiff s Request for a Three-Judge Panel to hear allegations contained in the Restraining Order (Doc. #26) is overruled. Plaintiff s Request to Amend Petition with attachments (Doc. #26) is referred to the United States Magistrate Judge. The captioned cause remains open on the docket records of this Court. /s/ Walter Herbert Rice January 30, 2009 WALTER HERBERT RICE, JUDGE UNITED STATES DISTRICT COURT Copies mailed to: Larry Ealy, Pro Se Plaintiff All Counsel of Record -2-

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