Easley v. Nixon-Hughes

Full title: David Easley, Plaintiff(s), v. Deborah Nixon-Hughes, et. al., Defendant(s)

Court: United States District Court, S.D. Ohio, Western Division

Date published: Mar 23, 2010

Case Number: 1:06cv863 (S.D. Ohio Mar. 23, 2010)

Opinion

Case Number: 1:06cv863.

March 23, 2010

ORDER

SUSAN DLOTT, District Judge

The Court has reviewed the Report and Recommendations of United States Magistrate Judge Timothy S. Hogan filed on February 10, 2010 (Doc. 33) and February 22, 2010 (Doc. 35) to whom this case was 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) expired March 2 and March 15, 2010 respectively, hereby ADOPTS said Report and Recommendations.

Regarding the Report and Recommendation (Doc. 33), plaintiff's complaint is DISMISSED without prejudice for failure of service.

With regards to the Report and Recommendation (Doc. 35), Defendants' (Nixon-Hughes), Collins, Prise and Newsome) Motion for Summary Judgment (Doc. 32) is GRANTED. Plaintiff's complaint is DISMISSED and this case is TERMINATED from the Court's docket.

The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that an appeal of this Court's Order will not be taken in good faith. See McGore v. Wrigglesworth, 114 F.3d 601 (6^th Cir. 1997),

IT IS SO ORDERED.