Dixon v. Mohr et al

Filing 45

ORDER by Chief Judge Susan J. Dlott adopting Report and Recommendations re 14 ; the complaint is dismissed for failure to state a claim upon which releif may be granted under 42 USC Sec 1983 except for plaintiff's failure to protect claim against defts Greene, Morgan, Oppy which shall proceed. (vp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
William Dixon,
Plaintiff(s),
vs.
O.D.C. Gary Mohr, et al.,
Defendant(s).

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Case Number: 1:12cv294
Chief Judge Susan J. Dlott

ORDER
This matter is before the Court pursuant to the Order of General Reference in the United
States District Court for the Southern District of Ohio Western Division to United States Magistrate
Judge J. Gregory Wehrman. Pursuant to such reference, the Magistrate Judge reviewed the
pleadings and filed with this Court on May 21, 2012 a Report and Recommendation (Doc. 14).
Subsequently, the plaintiff filed objections to such Report and Recommendation (Doc. 28).
The Court has reviewed the comprehensive findings of the Magistrate Judge and considered
de novo all of the filings in this matter. Upon consideration of the foregoing, the Court does
determine that such Recommendations should be adopted.
Accordingly, the complaint is DISMISSED for failure to state a claim upon which relief
may be granted under 42 U.S.C. § 1983, except for plaintiff’s failure-to-protect claim against
defendants Greene, Morgan and Oppy, which shall proceed.
IT IS SO ORDERED.

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___s/Susan J. Dlott___________
Chief Judge Susan J. Dlott
United States District Court