Opinion
Case No. 3:13-cv-162
09-03-2013
TERRY LOUIS HERCUTT, Plaintiff, v. JUDGE DENISE L. CROSS, et al., Defendants.
District Judge Walter H. Rice
Magistrate Judge Michael J. Newman
DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATION (DOC. #11)
IN ITS ENTIRETY; OVERRULING PLAINTIFF'S OBJECTIONS (DOC. #12) TO THE
REPORT AND RECOMMENDATION; GRANTING DEFENDANTS' JOINT MOTION
TO DISMISS (DOC. #4); DISMISSING PLAINTIFF'S COMPLAINT; DENYING
PLAINTIFF'S MOTION (DOC. #6) AS MOOT; TERMINATION ENTRY
Based upon the reasoning and citations of authority set forth by United States Magistrate Judge Michael J. Newman in his Report and Recommendation filed August 12, 2013 (Doc. #11), as well as upon a thorough de novo review of this Court's file and the applicable law, this Court adopts the aforesaid Report and Recommendation in its entirety, and overrules Plaintiff's Objections (Doc. #12) thereto.
Defendants' joint motion to dismiss (Doc. #4) is granted; and Plaintiff's complaint is dismissed. In addition, Plaintiff's motion "for [an] Order to stop Judge Denise Cross and Magistrate Annette Wright from presiding over any hearing or harassing the Plaintiff in any[] way" (Doc. #6) (capitalization altered) is denied as moot.
The captioned case is hereby ordered terminated upon the docket records of the United States District Court for the Southern District of Ohio, Western Division, at Dayton.
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WALTER HERBERT RICE, JUDGE
UNITED STATES DISTRICT COURT