Henderson v. Greenup, City of et al

Filing 41

ORDER ADOPTING REPORT AND RECOMMENDATIONS ; 1) adopting 39 Magistrate Judge's Report and Recommendations as for the opinion of the Court 2) granting Plaintiff's 38 Motion to Dismiss, and plaintiff's claim be DISMISSED WITHOUT PREJUDICE 3) finding as moot 30 Motion for Proposed Agreement of Dismissal; 4) finding as moot 35 Defendant's Motion for Summary Judgment;. Signed by Judge Henry R. Wilhoit, Jr on 2/13/18.(SMT)cc: COR, Henderson via USMail

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
NORTHERN DIVISION
at ASHLAND
CIVIL ACTION N0.16-110-HRW
CODY RYAN HENDERSON,

v.

PLAINTIFF,
ORDER

CITY OF GREENUP, eta!.,

DEFENDANTS.

This matter is before the Court upon Plaintiffs Motion for Proposed Agreement of
Dismissal [Docket No. 30], Defendants' Motion for Summary Judgment [Docket No. 35], and
Plaintiffs Motion to Dismiss [Docket No. 38]. These motions were referred to United States
Magistrate Edward B. Atkins for Report and Recommendation. In his Report and
Recommendation, the Magistrate Judge recommends that this matter dismissed without prejudice
[Docket No. 39].
Defendants filed Objections to the Magistrate Judge's Report and Recommendation
[Docket No. 40]. The Court having reviewed the Objections find nothing therein which would
call into question Magistrate Judge Atkins' findings.
Accordingly, IT IS HEREBY ORDERED:
(1)

that the Magistrate Judge's Report and Recommendation [Docket No. 39] is
hereby, APPROVED and ADOPTED as for the opinion of the Court;

(2)

Plaintiffs Motion to Dismiss [Docket. 38] be SUSTAINED and Plaintiffs claim
be DISMISSED WITHOUT PREJUDICE;

(3)

Plaintiffs Motion for Proposed Agreement of Dismissal [Docket No. 30] be

OVERRULED AS MOOT; and
(4)

Defendant's Motion for Summary Judgment [Docket No. 35] be OVERRULED
AS MOOT.

This 13h day of February, 2018.
Signed By:

ffena R. Wilhoit Jr.
United States District Judge

HENRY R. WILHOIT, JR.
SENIOR U. S. DISTRICT JUDGE