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)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION SHANNON EARL TROCHE, Plaintiff, v. DONALD MORGAN, Warden Defendant. : : : : : : : : : : : 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 2

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