Piatt v. Warden Southern Ohio Correctional Faciltiy

Filing 57

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 55 Report and Recommendations. Defendant Stalnaker's 49 motion for judgment on the pleadings is GRANTED. 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 on 12/1/10. (sct1)

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 Karen L. Litkovitz filed on October 19, 2010 (Doc. 55), 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 8, 2010, hereby ADOPTS said Report and Recommendation. Accordingly, Defendant Stalnaker's motion for judgment on the pleadings (Doc. 49) is GRANTED. 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.

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