Abdulraman v. Burke et al

Filing 47

ORDER ADOPTING REPORT AND RECOMMENDATIONS in all respects re 45 Report and Recommendation, denying 14 Plaintiff's Motion for Default Judgment, denying 32 Plaintiff's Motion for Default Judgment, denying as moot 21 Defendants' M otion to Strike Plaintiff's Motion for Default Judgment, granting 40 Defendants' Motion for Summary Judgment. Plaintiff's claims are dismissed without prejudice for failure to exhaust administrative remedies, pursuant to 42 USC Section 1997e. The Court CERTIFIES that an appeal of this Order would not be taken in good faith. Signed by Judge S Arthur Spiegel on 3/14/2013. (km1) (Additional attachment(s) added on 3/14/2013: # 1 Certified Mail Receipt) (km1).

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
:
:
:
:
:
:
:
:
:
:

ABDUL ABDULRAMAN,
Plaintiff,
vs.
DR. BURKE, et al.,
Defendants.

NO. 1:12-CV-00209

ORDER

This matter is before the Court on the Magistrate Judge’s
Report and Recommendation (doc. 45), to which there were no
objections.
Proper Notice has been given to the parties under 28
U.S.C. § 636(b)(1)(C), including notice that the parties would
waive further appeal if they failed to file objections to the
Report and Recommendation in a timely manner.
Walters, 638 F.2d 947 (6th Cir. 1981).

United States v.

As of the date of this

Order, no objections have been filed.
Having reviewed this matter de novo pursuant to 28 U.S.C.
§

636,

the

Court

finds

the

Magistrate

Judge’s

Report

and

Recommendation thorough, well-reasoned, and correct.
Accordingly, the Court hereby ADOPTS and AFFIRMS the
Magistrate Judge’s Report and Recommendation (doc. 45) in all
respects, DENIES Plaintiff’s motions for default judgment (docs.
14, 32), DENIES as moot the State of Ohio’s motion to strike

Plaintiff’s

motion

for

default

judgment

(doc.

21),

GRANTS

Defendants’ motion for summary judgment and DISMISSES Plaintiff’s
claims without prejudice for failure to exhaust administrative
remedies pursuant to 42 U.S.C. § 1997e.

Finally, the Court

CERTIFIES pursuant to 28 U.S.C. § 1915(a)(3) that an appeal of this
Order would not be taken in good faith.

McGore v. Wrigglesworth,

114 F.3d 601 (6th Cir. 1997).

SO ORDERED.
DATED: March 14, 2013

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

2