Piatt v. Warden Southern Ohio Correctional Faciltiy

Filing 40

ORDER by Chief Judge Susan J. Dlott ADOPTING REPORT AND RECOMMENDATIONS for 38 Report and Recommendations; Accordingly 19 Motion for leave to supplement the complaint is GRANTED and pltf is permitted to file a complaint identical to the complaint filed on 8/1/08 (doc.8) with the addition of the supplemental facts included in the motion to supplement the complaint (doc.19). Pltf's motion for leave to amend the complaint 24 is DENIED. (wam1, ) Modified to clarify docket text on 6/9/2009 (scot1, ).

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION BILLY J. PIATT, Plaintiff(s), vs. TERRY COLLINS, et. al., Defendant(s). : : : : : : : : : Case Number: 1:08cv415 Chief Judge Susan J. Dlott ORDER The Court has reviewed the Report and Recommendation of United States Magistrate Judge Timothy S. Black filed on April 13, 2009 (Doc. 38), 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 May 1, 2009, hereby ADOPTS said Report and Recommendation. Accordingly, plaintiff's motion for leave to supplement the complaint (Doc. 19) is GRANTED and plaintiff is permitted to file a complaint identical to the complaint filed on August 1, 2008 (Doc. 8) with the addition of the supplemental facts included in the motion to supplement the complaint (Doc 19). Plaintiff's motion for leave to amend the complaint (Doc. 24) is DENIED. IT IS SO ORDERED. ___s/Susan J. Dlott____________ Chief Judge Susan J. Dlott United States District Court

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