Opinion
Case No. 1:12-cv-673
02-12-2016
MARSHALL G. HILES, Plaintiff, v. ARMY REVIEW BOARD AGENCY, et al., Defendants.
Magistrate Judge Karen L. Litkovitz DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE
(Doc. 104)
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 Karen L. Litkovitz. Pursuant to such reference, the Magistrate Judge reviewed the pleadings filed with this Court and, on August 13, 2015, submitted a Report and Recommendation. (Doc. 104). Plaintiff did not file objections, but he did file a petition for writ of prohibition and mandamus. (Doc. 108). On February 11, 2016, the Sixth Circuit denied the petition. See In re: Marshall G. Hiles, No. 15-3992 (6th Cir. Feb. 11, 2016). Accordingly, the Report and Recommendation is ripe for review.
As required by 28 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 Recommendation should be and is hereby adopted in its entirety:
1. Plaintiff's motion for recusal (Doc. 99) is DENIED;
2. Defendants' motion for summary judgment and renewed motion to dismiss Count II (Doc. 97) is GRANTED;
3. Plaintiff's motion to vacate (Doc. 101) is DENIED; and
4. The Clerk shall enter judgment accordingly, whereupon this case is TERMINATED on the docket of this Court.
IT IS SO ORDERED. Date: 2/12/16
s/ Timothy S . Black
Timothy S. Black
United States District Judge