Easley v. Nixon-Hughes et al

Filing 37

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 33 Report and Recommendations and 35 Report and Recommendations. Regarding 33 Report and Recommendation, plaintiff's complaint is DISMISSED without prejudicefor failure of service. With regard s to 35 Report and Recommendation, Defendants (Nixon-Hughes), Collins, Prise and Newsome) Motion for Summary Judgment 32 is GRANTED. Plaintiff's complaint is DISMISSED and this case is TERMINATED from the Court's docket. The Court certifies that an appeal of this Court's Order will not be taken in good faith. Signed by Chief Judge Susan J. Dlott (sct1)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION David Easley, Plaintiff(s), vs. Deborah Nixon-Hughes, et. al., Defendant(s). : : : : : : : : :

Case Number: 1:06cv863 Chief Judge Susan J. Dlott

ORDER The Court has reviewed the Report and Recommendations of United States Magistrate Judge Timothy S. Hogan filed on February 10, 2010 (Doc. 33) and February 22, 2010 ( Doc. 35) to whom this case was referred pursuant to 28 U.S.C. §636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed. R. Civ. P. 72(b) expired March 2 and March 15, 2010 respectively, hereby ADOPTS said Report and Recommendations. Regarding the Report and Recommendation (Doc. 33), plaintiff's complaint is DISMISSED without prejudice for failure of service. With regards to the Report and Recommendation (Doc. 35), Defendants' (NixonHughes), Collins, Prise and Newsome) Motion for Summary Judgment (Doc. 32) is GRANTED. Plaintiff's complaint is DISMISSED and this case is TERMINATED from the Court's docket.

The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that an appeal of this Court's Order will not be taken in good faith. See McGore v. Wrigglesworth, 114 F.3d 601 (6th Cir. 1997), IT IS SO ORDERED.

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___s/Susan J. Dlott___________ Chief Judge Susan J. Dlott United States District Court