Thomas v. Hininger, et al

Filing 36

Order Adopting Report and Recommendation 33 granting in part and denying in part 24 Motion to dismiss . Judge Christopher A. Boyko on 11/21/2016. (R,D)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

SHAWN M. THOMAS,
Plaintiff,
vs.
CHAD ROGERS,
Defendant.

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CASE NO. 1:14CV2127
JUDGE CHRISTOPHER A. BOYKO
ORDER

CHRISTOPHER A. BOYKO, J.:
This matter comes before the Court upon the Report and Recommendation (ECF
DKT #33) of Magistrate Judge McHargh, recommending that Defendant’s Motion to
Dismiss (ECF#24) be granted in part and denied in part. Plaintiff has filed a Notice that
he does not object to the Recommendation. Defendant has not filed an objection to the
Report and Recommendation.
FED. R. CIV.P. 72(b) provides that objections to a Report and Recommendation
must be filed within fourteen days after service, but both parties have failed to timely file
any such objections. Therefore, the Court must assume that both Parties are satisfied
with the Magistrate Judge’s recommendation. Any further review by this Court would be a
duplicative and inefficient use of the Court’s limited resources. Thomas v. Arn, 728 F.2d

813 (6th Cir. 1984), aff’d, 474 U.S. 140 (1985); Howard v. Secretary of Health and Human
Services, 932 F.2d 505 (6th Cir. 1991); United States v. Walters, 638 F.2d 947 (6th
Cir.1981).
Therefore, the Report and Recommendation is adopted and the Motion is granted
as to several claims (e.g., excessive force, deliberate indifference to serious medical
needs, access to courts) which appeared in the original Complaint, were previously
dismissed, and affirmed on Appeal. The Motion is denied as to the additional factual
allegations concerning the conditions of confinement which relate back to the original
Complaint, and denied as to the Eighth Amendment claim against Rogers, arising from
the conditions of confinement.

IT IS SO ORDERED.
DATE: 11/21/16
s/Christopher A. Boyko
CHRISTOPHER A. BOYKO
United States District Judge

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