From Casetext: Smarter Legal Research

Evans v. Fri

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION
Jul 10, 2015
Case No. 1:15-cv-161 (S.D. Ohio Jul. 10, 2015)

Opinion

Case No. 1:15-cv-161

07-10-2015

JAMES A. EVANS, Plaintiff, v. GARTH FRI, et al., Defendants.



Magistrate Judge Stephanie K. Bowman

DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 24)

This case is before the Court pursuant to the Order of General Reference in the United States District Court for the Southern District of Ohio Western Division to United States Magistrate Judge Stephanie K. Bowman. Pursuant to such reference, the Magistrate Judge reviewed the pleadings filed with this Court, and, on June 8, 2015, submitted a Report and Recommendations. (Doc. 24). Plaintiff filed objections. (Doc. 26).

Plaintiff argues that his complaint contains sufficient allegations to sustain claims against Defendant Evans, in her individual capacity, for failure to protect and deliberate indifference to safety. (See Doc. 6 at 3). This objection is overruled for the reasons articulated in the Report and Recommendations. (See Doc. 24 at 2). --------

As required by 29 U.S.C. § 636(b) and Fed. R. Civ. P. 72(b), the Court has reviewed the comprehensive findings of the Magistrate Judge and considered de novo all of the filings in this matter. Upon consideration of the foregoing, the Court does determine that such Report and Recommendations should be and is hereby ADOPTED.

Accordingly, for the foregoing reasons:

1. To the extent that Brittney Evans was not dismissed as a defendant in this action by virtue of the Court's March 19, 2015 Decision and Entry adopting the April 28, 2015 Report and Recommendations (Doc. 12), Plaintiff's claims against Defendant Brittney Evans are now DISMISSED; and

2. Because the Report and Recommendations (Doc. 24) and this Order provide the clarification sought in Defendant Evans' motion for clarification (Doc. 17), that motion is TERMINATED as MOOT.

IT IS SO ORDERED. Date: 7/10/15

/s/_________

Timothy S. Black

United States District Judge


Summaries of

Evans v. Fri

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION
Jul 10, 2015
Case No. 1:15-cv-161 (S.D. Ohio Jul. 10, 2015)
Case details for

Evans v. Fri

Case Details

Full title:JAMES A. EVANS, Plaintiff, v. GARTH FRI, et al., Defendants.

Court:UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

Date published: Jul 10, 2015

Citations

Case No. 1:15-cv-161 (S.D. Ohio Jul. 10, 2015)