Jeter v. Sample

Filing 35

Memorandum of Opinion and Order For the reasons set forth herein, the Court adopts the Magistrate Judge's Report and Recommendation. ECF No. 34 . Defendant Lieutenant Sample's Motion for Summary Judgment is granted and Plaintiff R avon Jeter, Sr.'s Motion for Summary Judgment is denied. The Court therefore enters judgment against Plaintiff. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision could not be taken in good faith, and that there is no basis upon which to issue a certificate of appealability. Judge Benita Y. Pearson on 2/27/2015. Related document(s) 28 , 29 , 34 . (JLG)

PEARSON, J.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
RAVON JETER, SR.,
Plaintiff,
v.
LIEUTENANT SAMPLE,
Defendant.

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CASE NO. 4:13CV00896

JUDGE BENITA Y. PEARSON

MEMORANDUM OF OPINION AND
ORDER [Regarding ECF No. 34]

Before the Court is the Report and Recommendation of Magistrate Judge Kathleen Burke
(ECF No. 34), filed on February 9, 2015, recommending the Court grant Defendant’s Motion for
Summary Judgment and deny pro se Plaintiff’s Motion for Summary Judgment.
The Federal Magistrates Act requires a district court to conduct a de novo review only of
those portions of a Report and Recommendation to which the parties have made an objection. 28
U.S.C. § 636(b)(1)(C). Parties must file any objections to a Report and Recommendation within
fourteen days of service. Id.; Fed. R. Civ. P. 72(b)(2). Failure to object within this time waives a
party’s right to appeal the district court’s judgment. Thomas v. Arn, 474 U.S. 140, 145 (1985);
United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981). Absent objection, a district court
may adopt a magistrate judge’s report without review. See Thomas, 474 U.S. at 149.
In the instant case, the parties have not filed objections to the Report and
Recommendation. The Court finds that the Report and Recommendation is supported by the
record, and agrees with the Magistrate Judge’s recommendation.

(4:13CV00896)
Accordingly, the Court adopts the Magistrate Judge’s Report and Recommendation. ECF
No. 34. Defendant Lieutenant Sample’s Motion for Summary Judgment is granted and Plaintiff
Ravon Jeter, Sr.’s Motion for Summary Judgment is denied. The Court therefore enters
judgment against Plaintiff.
The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision
could not be taken in good faith, and that there is no basis upon which to issue a certificate of
appealability.

IT IS SO ORDERED.

/s/ Benita Y. Pearson
Benita Y. Pearson
United States District Judge

February 27, 2015
Date

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