Brunson v. Montgomery County, No. 3:2016cv00368 - Document 28 (S.D. Ohio 2017)

Court Description: DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS 26 - The Report and Recommendations docketed on August 3, 2017 26 is ADOPTED in full, the Motion to Withdraw Plaintiff's Pro Se Proposed Amended Complaint and Leave to File Amended Compl aint 23 is granted, in part, and Plaintiff's proposed Amended Complaint 24 is accepted as filed with the exception of Count III, which is dismissed under Fed. R. Civ. P. 12(b)(6), Defendants Motion to Dismiss 9 is denied as moot; and Plaintiff's pro se Motion for Leave to Amend 12 is denied as withdrawn and moot. Signed by Judge Thomas M. Rose on 8-18-2017. (de)

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Brunson v. Montgomery County Doc. 28 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON CLARK BRUNSON, JR., Plaintiff, vs. MONTGOMERY COUNTY, et al., Defendants. : : : : : : : : : Case No. 3:16cv00368 District Judge Thomas M. Rose Magistrate Judge Sharon L. Ovington DECISION AND ENTRY The Court has reviewed 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. § 636(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. Accordingly, it is hereby ORDERED that: 1. The Report and Recommendations docketed on August 3, 2017 (Doc. #26) is ADOPTED in full; 2. The Motion to Withdraw Plaintiff’s Pro Se Proposed Amended Complaint and Leave to File Amended Complaint (Doc. # 23) is granted, in part, and Plaintiff’s proposed Amended Complaint (Doc. #24) is accepted as filed with the exception of Count III, which is dismissed under Fed. R. Civ. P. 12(b)(6); 3. Defendant’s Motion to Dismiss (Doc. #9) is denied as moot; and Dockets.Justia.com 4. Plaintiff’s pro se Motion for Leave to Amend (Doc. #12) is denied as withdrawn and moot. *s/Thomas M. Rose _______________________ Thomas M. Rose United States District Judge August 18, 2017 2

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