Bay v. Clermont County Sheriffs Department et al

Filing 63

ORDER ADOPTING 62 Report and Recommendation. Defendants' 52 and 53 Motions for Summary Judgment are GRANTED. The Court will sua sponte enter judgment in favor of the Doe defendants for the same reasons that judgment is warranted in favor o f defendants Frye, Rodenberg, Stallworth and Willis. This case is hereby TERMINATED from the docket. The Court will certify pursuant to 28 U.S.C. Section 1915(a)(3) that an appeal of this Order will not be taken in good faith. Signed by Chief Judge Susan J. Dlott on 12/1/10. (mtw1) (Additional attachment(s) added on 12/1/2010: # 1 Certified Mail Receipt) (mtw1).

Bay v. Clermont County Sheriffs Department et al

Doc. 63

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION James M. Bay, Plaintiff(s), vs. Clermont County Sheriff's Department, et. al., Defendant(s). : : : : : : : : :

Case Number: 1:08cv376 Chief Judge Susan J. Dlott

ORDER The Court has reviewed the Report and Recommendation of United States Magistrate Judge Karen L. Litkovitz filed on November 3, 2010 (Doc. 62), 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 24, 2010, hereby ADOPTS said Report and Recommendation. Accordingly, defendants' motions for summary judgment (Docs. 52 & 53) are GRANTED. The Court will sua sponte enter judgment in favor of the Doe defendants for the same reasons that judgment is warranted in favor of defendants Frye, Rodenberg, Stallworth and Willis. hereby TERMINATED from the docket. The Court will certify pursuant to 28 U.S.C. § 1915(a)(3) that an appeal of this Order will not be taken in good faith. See McGore v. Wrigglesworth, 114 F.3D 601 (6th Cir. 1997). IT IS SO ORDERED. This case is

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

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