Phillips v. Hubbard

Filing 69

ORDER granting 45 Motion for Summary Judgment; denying 46 Motion for Summary Judgment; adopting Report and Recommendation 62 . Case is Dismissed and Terminated on the docket of this Court. Signed by Judge Herman J. Weber on 10/30/12. (do1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

GARY PHILLIPS,
Plaintiff
v.

C-1-11-87

TIMOTHY HUBBARD,
Defendant

This

matter

is

before

the

Court

upon

the

Report

and

Recommendation of the United States Magistrate Judge (doc. no. 62),
plaintiff’s objections thereto (doc. no. 64), defendant’s response (doc. no.
67) and plaintiff’s reply (doc. no. 68).

The Magistrate Judge

recommended that defendant’s Motion for Summary Judgment (doc. no.
45) be granted, plaintiff’s Motion for Summary Judgment (doc. no. 46) be
denied and this matter be terminated on the docket of this Court.

2
Plaintiff objects to the Magistrate Judge’s recommendation arguing
that a jury question exists as to whether his federal constitutional rights
were violated under the facts of this case, by the entry of the defendant
onto his Brown County farm property, by his arrest, and by his
prosecution.
Plaintiff further points out, as did the Magistrate Judge, that advice
from the prosecutor is not dispositive in this case.
Upon a de novo review of the record, especially in light of plaintiff=s
objections, the Court finds that plaintiff=s objections have either been
adequately addressed and properly disposed of by the Judge or present
no particularized arguments that warrant specific responses by this
Court. The Court finds that the Magistrate Judge has accurately set forth
the controlling principles of law and properly applied them to the
particular facts of this case and agrees with the Magistrate Judge.

3
Accordingly, the Court hereby ADOPTS AND INCORPORATES BY
REFERENCE HEREIN the Report and Recommendation of the United
States Magistrate Judge (doc. no. 62). Defendant’s Motion for Summary
Judgment (doc. no. 45) is GRANTED and plaintiff’s Motion for Summary
Judgment (doc. no. 46) is DENIED.
This case is DISMISSED AND TERMINATED on the docket of this
Court.
IT IS SO ORDERED.
s/Herman J. Weber
Herman J. Weber, Senior Judge
United States District Court