Castanias v. Lipton et al

Filing 15

ORDER adopting Report and Recommendation 4 . Claims against defendant Alecia C. Lipton are Dismissed. Case is recommitted to the Magistrate. Signed by Judge Herman J. Weber on 7/6/11. (Attachments: # 1 cert.recpt) (do1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

CHRISTOPHER F. CASTANIAS,
Plaintiff
v.

C-1-11-296

ALECIA C. LIPTON, et al.,
Defendants

ORDER
This

matter

is

before

the

Court

upon

the

Report

and

Recommendation of the United States Magistrate Judge (doc. no. 4),
objections by defendant Ohio Department of Job and Family Services
(“ODJFS”) (doc. no. 7) and plaintiff’s untimely response (doc. no. 14, filed
6/23/2011). The Magistrate Judge sua sponte concluded that plaintiff’s
claims against defendants ODJFS and the Warren County Ohio Child
Support Enforcement Agency may proceed and ordered issuance of the
summons and Complaint upon those defendants. Summons was served on
the defendants and returned on June 20, 2011.
The Magistrate Judge also recommended that the claims against
defendant Alecia C. Lipton be dismissed. No objections to the dismissal

2
of defendant Alecia C. Lipton were filed. On May 25, 2011, defendant
ODJFS filed its objections to the Report and Recommendation, demanding
its dismissal from the case, as well. Also on that date, defendant ODJFS
filed a Motion to Dismiss requesting dismissal of the Complaint against it
(doc. no. 8), to which plaintiff responded (doc. no. 13).
The issues presented in defendant’s Motion to Dismiss are the same
as in defendant’s objections to the Report and Recommendation. In light
of the foregoing, this Court concludes the objections to the Report and
Recommendation are MOOT.
The Court RECOMMITS this case to the Magistrate Judge for
consideration of the Motion to Dismiss and for further proceedings
according to law.
The claims against defendant Alecia C. Lipton are DISMISSED.
IT IS SO ORDERED.
s/Herman J. Weber
Herman J. Weber, Senior Judge
United States District Court