MacConnell v. NaphCare Inc et al, No. 3:2013cv00034 - Document 52 (S.D. Ohio 2013)
Court Description: DECISION AND ENTRY: (1) ADOPTING THE REPORTS AND RECOMMENDATIONS OF THE MAGISTRATE JUDGE (Docs. 46 , 47 , 48 ); (2) GRANTING DEFENDANTS' MOTIONS TO DISMISS (Docs. 24 , 26 , 27 ); (3) DENYING PLAINTIFF'S MOTION TO AMEND (Doc. 19 ) AS FUTILE; (4) OVERRULING PLAINTIFF'S OBJECTIONS (Doc. 49 ); AND (5) TERMINATING THIS CASE ON THE COURTS DOCKET. Signed by Judge Timothy S. Black on 11/27/2013. (mr1)
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION RION T. MCCONNELL, Plaintiff, vs. NAPHCARE, INC. et al., Defendants. : : : : : : : : : Case No. 3:13-cv-34 Judge Timothy S. Black DECISION AND ENTRY: (1) ADOPTING THE REPORTS AND RECOMMENDATIONS OF THE MAGISTRATE JUDGE (Docs. 46, 47, 48); (2) GRANTING DEFENDANTS MOTIONS TO DISMISS (Docs. 24, 26, 27); (3) DENYING PLAINTIFF S MOTION TO AMEND (Doc. 19) AS FUTILE; (4) OVERRULING PLAINTIFF S OBJECTIONS (Doc. 49); AND (5) TERMINATING THIS CASE ON THE COURT S DOCKET This case is before the Court on three Reports and Recommendations of United States Magistrate Judge Sharon L. Ovington. (Docs. 46, 47, 48). In her Reports and Recommendations, the Magistrate Judge recommends: (1) that the Motion to Dismiss filed by the Montgomery County Sheriff (Doc. 26) should be granted; (2) that the Motion to Dismiss filed by Defendant Montgomery County (Doc. 24) should be granted and that Plaintiff s Motion to Amend the Complaint (Doc. 19) should be denied as futile; and (3) that the Motion to Dismiss filed by Defendants Naphcare, Inc. and Anthony Dressler (Doc. 27) should be granted and that claims against the unnamed Jane and John Doe Defendants should be dismissed. (Docs. 46, 47, 48). Plaintiff filed Objections. (Doc. 49). Defendants filed Responses to Plaintiff s Objections. (Docs. 50, 51). These issues are now ripe for decision by the Court. As required by 28 U.S.C. ยง 636(b) and Fed. R. Civ. P. 72(b), upon reviewing the filings of the parties and the comprehensive findings of the Magistrate Judge de novo, the Court: (1) ADOPTS the Reports and Recommendations of the Magistrate Judge in their entirety (Docs. 46, 47, 48); (2) GRANTS Defendants Motions to Dismiss (Docs. 24, 26, 27); (3) DENIES Plaintiff s Motion to Amend (Doc. 19) as futile; (4) OVERRULES Plaintiff s Objections (Doc. 49); and (5) directs the Clerk to enter judgment accordingly and TERMINATES this case on the Court s docket. IT IS SO ORDERED. Date: 11/27/13 /s/ Timothy S. Black Timothy S. Black United States District Judge -2-
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