Lofton v. Mr. Adkins Nurse Practitioner et al

Filing 42

ORDER ADOPTING REPORT AND RECOMMENDATIONS. Accordingly, plaintiffs motion for default judgment against the original defendants (Doc. 6) and plaintiffs motion for summary judgment against the original defendants (Doc. 7) are DENIED.The motion for sum mary judgment filed by defendants Bear, Comer, Jenkins and Reeder (Doc. 19) is GRANTED. The claims asserted in the first complaint against these defendants are DISMISSED without prejudice.Defendants Mahlman, Parks and Adkins motions to dismiss the second complaint (Docs. 20, 24, and 25) are GRANTED. All claims asserted against these defendants in the consolidated action are DISMISSED with prejudice.The Court will certify 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.. Signed by Chief Judge Susan J. Dlott (wam1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

Harrison Lofton,

:
:
:
:
:
:
:
:
:

Plaintiff(s),
vs.
Charles Adkins, et al.,
Defendant(s).

Case Number: 1:10cv863
Chief Judge Susan J. Dlott

ORDER
The Court has reviewed the Report and Recommendation of United States Magistrate
Judge Karen L. Litkovitz filed on August 2, 2011 (Doc. 41), 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 August 19, 2011, hereby
ADOPTS said Report and Recommendation.
Accordingly, plaintiff’s motion for default judgment against the original defendants
(Doc. 6) and plaintiff’s motion for summary judgment against the original defendants (Doc. 7)
are DENIED.
The motion for summary judgment filed by defendants Bear, Comer, Jenkins and Reeder
(Doc. 19) is GRANTED. The claims asserted in the first complaint against these defendants are
DISMISSED without prejudice.
Defendants Mahlman, Parks and Adkins’ motions to dismiss the second complaint (Docs.
20, 24, and 25) are GRANTED. All claims asserted against these defendants in the consolidated
action are DISMISSED with prejudice.
The Court will certify 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).
IT IS SO ORDERED.

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