Duncan v. Village of Middlefield

Full title: RICHARD A. DUNCAN, Plaintiff, v. VILLAGE OF MIDDLEFIELD, et al., Defendants

Court: United States District Court, N.D. Ohio, Eastern Division

Date published: Nov 13, 2007

CASE NO. 1: 07 CV 440 (N.D. Ohio Nov. 13, 2007)

Opinion

CASE NO. 1: 07 CV 440.

November 13, 2007

MEMORANDUM OPINION AND ORDER

DONALD NUGENT, District Judge

This matter comes before the Court upon the Report and Recommendation of Magistrate Judge Kenneth S. McHargh. The Report and Recommendation (ECF # 38), submitted on October 11, 2007, recommending that: (1) the Village of Middlefield's Motion for Summary Judgment (ECF # 29) be granted and, (2) Plaintiff's Motion for Leave to File a Motion for Summary Judgment (ECF # 33) be denied, is hereby ADOPTED by this Court.

Plaintiff has filed Objections to the Report and Recommendation (ECF # 39), and the Village of Middlefield has filed a Brief in Response to the Objections (ECF # 40). Because objections have been made to the Report and Recommendation, this Court has reviewed this case de novo. See Massey v. City of Ferndale, 7 F.3d 506 (6^th Cir. 1993). After careful evaluation of the record, including the Report and Recommendation and Plaintiff's Objections, this Court finds the Report and Recommendation to be well-written, well-supported and correct.

Accordingly, the Report and Recommendation is hereby ADOPTED (ECF # 38). The Village of Middlefield's Motion for Summary Judgment is GRANTED (ECF # 29), and Plaintiff's Motion for Leave to File a Motion for Summary Judgment is DENIED (ECF # 33). Plaintiff's Complaint is hereby DISMISSED with prejudice. This case is TERMINATED.

IT IS SO ORDERED.