Troche v. Morgan

Filing 25

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 22 Report and Recommendation, denying as moot 11 Defendant's Motion for Judgment on the Pleadings. Defendant is free to re-file the motion or any other motion attacking Plaintiff's amended complaint. Signed by Judge S Arthur Spiegel on 3/21/2013. (km1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

SHANNON EARL TROCHE,
Plaintiff,

v.

DONALD MORGAN, Warden
Defendant.

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NO. 1:12-CV-00176

ORDER

This matter is before the Court on the Magistrate Judge=s
Report and Recommendation (doc. 22), in which she recommends that
Defendant’s Motion for Judgment on the Pleadings be denied as moot
because Plaintiff’s motion to amend his complaint was granted
subsequent to the filing of Defendant’s motion.

No objections to

the Report and Recommendation have been filed as of the date of this
Order.
Having reviewed this matter pursuant to 28 U.S.C. § 636,
the Court finds the Magistrate Judge’s Report and Recommendation
thorough, well-reasoned, and correct and thus affirms and adopts it
in its entirety.

Defendant’s Motion for Judgment on the Pleadings

is thus DENIED AS MOOT (doc. 11).

Defendant is free to re-file the

motion or any other motion attacking Plaintiff’s amended complaint.
SO ORDERED.

Dated:

March 21, 2013

s/S. Arthur Spiegel
S. Arthur Spiegel
United States Senior District Judge

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