From Casetext: Smarter Legal Research

Muhammad v. Barney

United States District Court, S.D. Ohio, Western Division
Sep 28, 2010
Case No. 1:09cv547 (S.D. Ohio Sep. 28, 2010)

Opinion

Case No. 1:09cv547.

September 28, 2010


ORDER


This matter is before the Court on the Report and Recommendation filed by the Magistrate Judge on September 7, 2010 (Doc. 26).

Proper notice has been given to the parties under 28 U.S.C. § 636(b)(1)(C), including notice that the parties would waive further appeal if they failed to file objections to the Report and Recommendation in a timely manner. See United States v. Walters, 638 F.2d 947 (6th Cir. 1981). No objections to the Magistrate Judge's Report and Recommendation have been filed.

Having reviewed this matter de novo pursuant to 28 U.S.C. 636, this Court finds the Magistrate Judge's Report and Recommendation to be correct.

Accordingly, it is ORDERED that the Report and Recommendation of the Magistrate Judge is hereby ADOPTED. Plaintiff's Motion for Declaration for Entry of Default (Doc. 14) is DENIED; Ohio Attorney General's Motion to Dismiss (Doc. 19) and Motion for Judgment on the Pleadings (Doc. 2) are GRANTED; the complaint against Brian Payne, Troy Barney and Troy Howard is DISMISSED and this matter is CLOSED.

The Court certifies that pursuant to 28 U.S.C. § 1915(a)(3) that an appeal of any Order adopting this Report and Recommendation would not be taken in "good faith." See McGore v. Wrigglesworth, 114 F.3d 601 (6th Cir. 1997)

IT IS SO ORDERED.

Exhibit


Summaries of

Muhammad v. Barney

United States District Court, S.D. Ohio, Western Division
Sep 28, 2010
Case No. 1:09cv547 (S.D. Ohio Sep. 28, 2010)
Case details for

Muhammad v. Barney

Case Details

Full title:Chris Shabazz Muhammad, Plaintiff, v. Officer Barney, et al., Defendants

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

Date published: Sep 28, 2010

Citations

Case No. 1:09cv547 (S.D. Ohio Sep. 28, 2010)

Citing Cases

Wilson v. Waller

Because "sufficient service of process is a prerequisite to the entry of default, a party has no duty to…