Lyons v. Brandly et al

Filing 262

Order Adopting Magistrate Judge James Gallas' Report and Recommendation (Related document 254 ). Defendant's Motion for Summary Judgment is granted (Related document 239 ) and Plaintiff's Motion for Sumary Judgment is denied (Related document 229 ). Judge Peter C. Economus on 4/14/09. (BR,S)

Lyons v. Brandly et al

Doc. 262

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION JAMES D. LYONS, PLAINTIFF , V. UNITED STATES OF AMERICA, et al., DEFENDANTS. ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. 4:03CV1620 JUDGE PETER C. ECONOMUS

MEMORANDUM OPINION AND ORDER

This matter is before the Court upon Plaintiff and Defendants' Cross Motions for Summary Judgment. (Dkt. # 229, 239). On February 11, 2004, the Court assigned this case to Magistrate Judge James S. Gallas for general pre-trial supervision. (Dkt. # 33). On April 19, 2005, the Court dismissed Count III of Plaintiff James Lyons' ("Lyons") seven count Amended Complaint. (Dkt. # 112). On September 30, 2005, the Court granted Lyons' voluntarily dismissal of Count IV and transferred Count V to the Eastern District of Kentucky. (Dkt # 130). On January 28, 2008, the Court dismissed Counts II, VI, and VII. (Dkt. # 225). Before the Court is the Magistrate Judge's Report and Recommendation ("R&R"), recommending that the Court grant summary judgment in favor of the Defendants associated with Count I--the sole remaining count in the Amended Complaint. (Dkt. # 254). In addition, the Magistrate Judge recommends the Court grant summary judgment 1

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in favor of the United States, as substituted for the "federal defendants," in reference to the Supplemental Complaint. (Dkt # 43). FED. R. CIV.P. 72(b) provides that objections to a report and recommendation must be filed within ten (10) days after service. Objections to the Magistrate Judge's R&R were originally due March 24, 2009. However, the Court granted Lyons an

additional ten (10) days to file objections. (Dkt. # 256). Lyons filed his objections to the Magistrate's R&R on April 10, 2009. (Dkt. # 259). The Court has reviewed Lyons' objections and finds that they are without merit. The Court has also reviewed the R&R of the Magistrate Judge de novo, and finds that it is well-supported. Therefore, the Magistrate Judge's R&R is hereby ADOPTED. (Dkt. # 254). Defendants' Motion for Summary Judgment is GRANTED. (Dkt. # 239). Lyons' Motion for Summary Judgment is DENIED. (Dkt. # 229). Judgment is entered in favor of the Defendants associated with Count I of the Amended Complaint and in favor of the United States in reference to the Supplemental Complaint. IT IS SO ORDERED. /s/ Peter C. Economus ­ April 14, 2009 PETER C. ECONOMUS UNITED STATES DISTRICT JUDGE

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