McCoy v. Warden, NCCI, Marion et al, No. 3:2009cv00211 - Document 34 (S.D. Ohio 2009)

Court Description: DECISION AND ENTRY: 1. The Report and Recommendations filed on September 15, 2009 (Doc. 26 ) is ADOPTED in full; 2. Defendant City of Troy's Motions to Dismiss (Docs. 14 , 17 ) are GRANTED; and 3. Plaintiff's claims against the City of Troy are DISMISSED. Signed by Judge Thomas M Rose on 10/5/09. (bev1)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON CHARLES McCOY, : Plaintiff, : Case No. 3:09cv00211 : District Judge Thomas M. Rose Magistrate Judge Sharon L. Ovington vs. CITY OF TROY, OHIO, et al., : Defendants. : DECISION AND ENTRY The Court has conducted a de novo review of the Report and Recommendations of United States Magistrate Judge Sharon L. Ovington (Doc. #26), to whom this case was originally referred pursuant to 28 U.S.C. ยง636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed. R. Civ. P. 72(b) has expired, hereby ADOPTS said Report and Recommendations. It is therefore ORDERED that: 1. The Report and Recommendations filed on September 15, 2009 (Doc. #26) is ADOPTED in full; 2. Defendant City of Troy s Motions to Dismiss (Doc. #s 14, 17) are GRANTED; and 3. Plaintiff s claims against the City of Troy are DISMISSED. October 5, 2009 *S/THOMAS M. ROSE Thomas M. Rose United States District Judge

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