Johnson v. Burchett et al

Filing 25

ORDER: 1) that the Magistrate Judge's R&R is hereby approved and adopted as and for the opinion of the Court, 2) that the Motion to Dismiss DE 21 be OVERRULED, 3) that the Motions for Summary Judgment DE 22 23 be SUSTAINED; 4) the Court declines to grant a Certificate of Appealability; and 5) that this is a final and appealable order. Signed by Judge Henry R. Wilhoit, Jr on 1/28/19.(KSS)cc: COR, Johnson (via US Mail)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY

-

J'AN 2 8 2019

NORTHERN DIVISION
ASHLAND

Civil Action No. 18-37-HRW

ERIC ANTHONY JOHNSON,

v.

PLAINTIFF,

ORDER

MILLER, et al.,

DEFENDANTS.

This matter is before the Court upon Defendants' Motion to Dismiss [Docket No. 21],
Defendants' Motions for Summary Judgment [Docket Nos. 22 and 23]. The motions were
referred to United States Magistrate Judge Hanly A. Ingram for Report and Recommendation.
On January 9, 2019, Magistrate Judge Ingram entered his Report and Recommendation
wherein he found that the Defendants' motion to dismiss should be overruled and their motions
for summary judgment should be sustained. [Docket No. 24].
Hearing no objections to the report and recommendation, and seeing no error in same,
this Court adopts the recommendation.
Accordingly, IT IS THEREFORE ORDERED AND ADJUDGED:

1)

that the Magistrate Judge's report and recommendation is hereby approved and
adopted as and for the opinion of the Court,

2)

that the Motion to Dismiss [Docket No. 21] be OVERRULED,

3)

that the Motions for Summary Judgment [Docket Nos. 22 and 23] be
SUSTAINED;

4)

the Court declines to grant a Certificate of Appealability; and

5)

that this is a final and appealable order.

This 28th day of January, 2019.