Cox v. Skoggs et al

Filing 28

ORDER ADOPTING REPORT AND RECOMMENDATIONS : Magistrate's Report and Recommendation 26 is APPROVED and ADOPTED as the Court's Opinion; 2) Deft's 20 Motion for Summary Judgment be SUSTAINED; 3) Pla's construed cross motion 23 is OVERRULED; 4) all claims agains Deft Skoggs be DISMISSED WITH PREJUDICE and 5) this matter is STRICKEN from the docket of the Court. Signed by Judge Henry R. Wilhoit, Jr on 3/14/19.(JLS)cc: COR, Cox via USMail

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
NORTHERN DIVISION
ASHLAND
Civil Action No. 18-12-HRW
CLAUDE RAYMOND COX, JR.,

PLAINTIFF,
ORDER

v.

DUSTIN HOWARD, et al.,

DEFENDANTS.

This matter is before the Court upon Defendants Dustin Howard and Sherman Sparks'
Motion for Summary Judgment [Docket No. 20] and Plaintiffs construed Cross Motion for
Summary Judgment [Docket No. 23]. The motion was referred to United States Magistrate
Candace J. Smith for Report and Recommendation.
On February 15, 2019, Magistrate Judge Smith entered her Report and Recommendation
wherein she found that Defendants are entitled to summary judgment and the claims against
Defendant James Skaggs should be dismissed [Docket No. 26]. Plaintiff has not filed objections
to the Magistrate Judge's Report and Recommendation, and the time for doing so has passed.
Accordingly, IT IS HEREBY ORDERED:
(1) that the Magistrate Judge's Report and Recommendation [Docket No. 26] is hereby

APPROVED and ADOPTED as and for the Court's opinion;
(2) Defendants' Motion for Summary Judgment [Docket No. 20] be SUSTAINED;
(3) Plaintiffs construed Cross Motion for Summary Judgment [Docket No. 23] be

OVERRULED;
(4) all claims against Defendant James Skoggs be DISMISSED WITH PREJUDICE for

failure to prosecute; and
(5) that this matter be STRICKEN from the docket of this Court.

This / ~ h , 2019.

Signed By:
Henry R.

Wilhoit. Jr.,.

United lt1t11 Df1trlot Judge