Ritter v. Davis et al

Filing 34

Order Adopting Report and Recommendation 32 denying 12 Defendants' Motion to dismiss for failure to state a claim . Judge Christopher A. Boyko on 9/6/2018. (R,D)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

FRANKLIN RITTER,
Plaintiff,
vs.

MICHAEL DAVIS, et al.,

Defendants.

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CASE NO. 1:18CV826

JUDGE CHRISTOPHER A. BOYKO

ORDER

This Court has reviewed the Report and Recommendation (Doc.#32) of
Magistrate Judge Baughman regarding Defendants’ Motion to Dismiss (Doc.#12). This
case was referred to Magistrate Judge Baughman for general pretrial supervision. The
Magistrate Judge recommends that Defendants’ Motion be DENIED. Defendants have
not filed any objections 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 Defendants have failed to timely file
any such objections. Therefore, the Court must assume that Defendants 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 Court adopts in full the Report and Recommendation (Doc.# 32 )
and denies Defendants’ Motion to Dismiss without prejudice.

IT IS SO ORDERED.
Dated: 9/6/2018

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