Opinion
Case No. 3:13-cv-24
09-04-2013
WARREN EASTERLING, Petitioner, v. STATE OF OHIO, Respondent.
Judge Timothy S. Black
Magistrate Judge Michael R. Merz
DECISION AND ENTRY: (1) ADOPTING THE REPORT AND
RECOMMENDATIONS OF THE MAGISTRATE JUDGE (Doc. 36);
(2); GRANTING RESPONDENT'S MOTION TO DISMISS THE AMENDED
COMPLAINT (Doc. 32); (3) DENYING PETITIONER'S AMENDED MOTION
FOR PRELIMINARY INJUNCTION (Doc. 27); AND (4) TERMINATING THIS
CASE ON THE COURT'S DOCKET
This case is before the Court on the Motion to Dismiss the Amended Complaint filed by Respondent (Doc. 32) and Petitioner's Amended Motion for Preliminary Injunction (Doc. 27). United States Magistrate Judge Michael R. Merz issued a Report and Recommendations recommending that Respondent's Motion be granted, that Petitioner's Amended Motion for Preliminary Injunction be denied and that this case be dismissed with prejudice. (Doc. 36). No party filed an objection to the Report and Recommendations of the Magistrate Judge and the time for doing so has expired. The Motions and the Report and Recommendations of the Magistrate Judge are now ripe before the Court.
As required by 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72(b), upon reviewing the Motions before the Court and the comprehensive findings of the Magistrate Judge de novo, the Court: (1) ADOPTS the Report and Recommendations (Doc. 36) of the Magistrate Judge in its entirety; (2) GRANTS Respondent's Motion to Dismiss Amended Complaint (Doc. 32); (3) DENIES Petitioner's Amended Motion for Preliminary Injunction (Doc. 27); (4) DISMISSES Petitioner's Complaint with prejudice; and (5) TERMINATES this case on the Court's docket.
The Clerk shall also TERMINATE Respondent's Motion to Dismiss the original complaint (Doc. 12) and the Reports and Recommendations of the Magistrate Judge concerning that Motion (Docs. 15, 19) as moot. Respondent's Motion to Dismiss the original complaint and the Reports and Recommendations concerning that Motion became moot upon the filing of Plaintiff's Amended Complaint. See Perkins v. Sun Chemical Corp., No. 1:10cv810, 2011 WL 1403069, at *2 (S.D. Ohio Apr. 12, 2011).
IT IS SO ORDERED.
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Timothy S. Black
United States District Judge