Wilcox v. Ohio Penal Industries et al

Filing 47

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 43 Report and Recommendations. Accordingly 36 Motion to Dismiss filed by Dave Proehl, Oral Gulley, Ohio Penal Industries, William Lizak is DENIED. (wam1)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION TOBY D. WILCOX, Plaintiff(s), vs. OHIO PENAL INDUSTRIES, et. al., Defendant(s). : : : : : : : : :

Case Number: 1:07cv554 Chief Judge Susan J. Dlott

ORDER The Court has reviewed the Report and Recommendation of United States Magistrate Judge Timothy S. Hogan filed on November 4, 2009 (Doc. 43), 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 November 25, 2009, hereby ADOPTS said Report and Recommendation. Accordingly, defendants' motion to dismiss (Doc. 36) is DENIED. IT IS SO ORDERED.

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