Walker v. O'Brien

Full title: CHARLES Y. WALKER, Plaintiff, v. RONALD J. O'BRIEN, Franklin County…

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

Date published: Mar 12, 2009

Civil Action 2:08-CV-523 (S.D. Ohio Mar. 12, 2009)

Opinion

Civil Action 2:08-CV-523.

March 12, 2009

ORDER

GEORGE SMITH, District Judge

On February 13, 2009, the Magistrate Judge issued a Report and Recommendation recommending that the motion to dismiss of defendant Ohio Department of Rehabilitation and Correction ("ODRC"), Doc. No. 10, be denied and ordering that plaintiff and defendant ODRC address, within 30 days of the Report and Recommendation, this Court's jurisdiction to entertain plaintiff's claims against this defendant. Although the parties were advised of the right to object to the Magistrate Judge's Report and Recommendation, and of the consequences of failing to do so, no objections have been filed.

The Report and Recommendation is ADOPTED and AFFIRMED. The motion to dismiss filed on behalf of ODRC, Doc. No. 10, is DENIED. Plaintiff and defendant ODRC are ORDERED to address, within 30 days of the Report and Recommendation, this Court's jurisdiction to entertain plaintiff's claims against this defendant.

IT IS SO ORDERED.