Thomas v. Hininger, et al

Filing 61

Order Adopting Report and Recommendation 60 granting 44 Motion for summary judgment , and Order of Case Dismissal. Judge Christopher A. Boyko on 8/28/2018. (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

This Court has reviewed the Report and Recommendation (Doc.# 60 ) of
Magistrate Judge David A. Ruiz regarding Defendant’s Motion for Summary Judgment
(Doc.# 44). The Magistrate Judge recommended that Defendant’s Motion for Summary
Judgment be granted.
FED. R. CIV.P. 72(b) provides that objections to a Report and Recommendation
must be filed within fourteen days after service, but Plaintiff has failed to timely file any
such objections. Therefore, the Court must assume that Plaintiff is 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 Court adopts in full the Report and Recommendation (Doc.# 60 )

and Defendant’s Motion for Summary Judgment (Doc. #44) is granted. Additionally,
Plaintiff’s sub-claims under the Eighth Amendment conditions of confinement claim are
dismissed for failure to exhaust.

IT IS SO ORDERED.
Dated: 8/28/2018

S/Christopher A. Boyko
CHRISTOPHER A. BOYKO
UNITED STATES DISTRICT JUDGE