Opinion
Case No. 1:18-cv-156
04-10-2019
THOMAS PETOFF, Plaintiff, v. MICHAEL HOLMAN, et al. Defendants.
MEMORANDUM ORDER
This prisoner civil rights action was received by the Clerk of Court on May 29, 2018 and was originally referred to the undersigned, then a United States Magistrate Judge, for report and recommendation in accordance with the Magistrates Act, 28 U.S.C. § 636(b)(1), and the Local Rules for Magistrate Judges. On January 17, 2019, the case was transferred to the undersigned in her current capacity as a United States District Judge and referred to United States Magistrate Judge Richard A. Lanzillo for all further pretrial proceedings.
On March 5, 2019, Judge Lanzillo issued a Magistrate Judge's Report and Recommendation ("R&R"), ECF No. [23], recommending that Plaintiff's motion for a preliminary injunction be denied. On March 22, 2019, Judge Lanzillo issued a second R&R, ECF No. [24], recommending that Defendants' motion to dismiss be granted and the complaint be dismissed with prejudice. No objections were filed within the time limits applicable to either R&R.
After de novo review of the Complaint and documents in the case, together with the aforementioned R&Rs, the following order is entered:
AND NOW, this 10th day of April, 2019;
IT IS HEREBY ORDERED that Plaintiff's motion for a preliminary injunction, ECF No. [22], is DENIED.
IT IS FURTHER ORDERED that Defendants' Motion to Dismiss Plaintiff's Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6), ECF No. [16], is GRANTED, and the Complaint is DISMISSED with prejudice.
The Reports and Recommendations of United States Magistrate Judge Richard Lanzillo, dated March 5, 2019 and March 22, 2019, ECF Nos. [23] and [24], are hereby adopted as the opinions of this Court.
As there are no further claims or matters pending in this case, the Clerk is directed to mark this case "CLOSED."
/s/ Susan Paradise Baxter
SUSAN PARADISE BAXTER
United States District Judge cc: Thomas Petoff
37150068
NEOCC
2240 Hubbard Road
Youngstown, OH 44505
The Honorable Richard A. Lanzillo
United States Magistrate Judge