Buchanan v. Hamilton County Sheriff Dep

Filing 72

ORDER by Chief Judge Susan J. Dlott ADOPTING REPORT AND RECOMMENDATION (Doc. 67). Plaintiff's motion for trial (Doc. 52) is DENIED; pltaintiff's motion to strike and for leave to amend (Doc. 64) is DENIED; defendant Naphcare's motion to dimiss the complaint (Doc. 58) is GRANTED; court certifies an appeal of this order adopting the Report and Recommendation will not be taken in good faith. (vp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
Michael Buchanan,
Plaintiff(s),
vs.
Hamilton County Sheriff Department, et al.,
Defendant(s).

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Case Number: 1:10cv503
Chief Judge Susan J. Dlott

ORDER
This matter is before the Court pursuant to the Order of General Reference in the United States
District Court for the Southern District of Ohio Western Division to United States Magistrate Judge Karen
L. Litkovitz. Pursuant to such reference, the Magistrate Judge reviewed the pleadings and filed with this
Court on November 26, 2012 a Report and Recommendation (Doc. 67). Subsequently, the plaintiff filed
objections to such Report and Recommendation (Doc. 69) and defendant NaphCare filed a response in
opposition to plaintiff’s objections the report and recommendation (Doc. 70).
The Court has reviewed the comprehensive findings of the Magistrate Judge and considered de
novo all of the filings in this matter. Upon consideration of the foregoing, the Court does determine that
such Recommendation should be adopted.
Accordingly, plaintiff’s motion for trial (Doc. 52) is DENIED.
Plaintiff’s motion to strike and for leave to amend (Doc. 64) is DENIED.
Defendant Naphcare’s motion to dismiss the complaint (Doc. 58) is GRANTED.
The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that an appeal of any Order adopting the
Report and Recommendation will not be taken in good faith. See McGore v. Wrigglesworth, 114 F.3d 601
(6th Cir. 1997).
This case is TERMINATED from the docket.
IT IS SO ORDERED.
___s/Susan J. Dlott___________
Chief Judge Susan J. Dlott
United States District Court