Smith et al v. Cincinnati City of et al

Filing 46

ORDER adopting Report and Recommendations re 28 Report and Recommendation denying 10 Motion for Summary Judgment; granting 11 , 14 , and 15 Motions to Dismiss; Plaintiffs' claims against Defendants Goodwyn, Brown and the United States Patent and Trademark Office are dismissed. Signed by Judge Michael R. Barrett on 6/18/13. (Attachments: # 1 Certified Mail Receipt) (ba1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
Jeffrey Smith, et al.,
Plaintiffs,
v.

Case No. 1:12cv648

City of Cincinnati, et al.,

Judge Michael R. Barrett

Defendants.
ORDER
This matter is before the Court on the Report and Recommendation filed by the Magistrate
Judge on February 13, 2013 (Doc. 28) and the Response to Plaintiff’s Filing on Report and
Recommendation of Dismissal of Nominal Defendant Constance Gallagher (Doc. 45) filed by the
Defendant Gallagher (Doc. 45). This matter is now ripe for review.
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 (Doc. 28) in a timely manner. United States v. Walters, 638 F.2d 947 (6th Cir.
1981. No objections to the Magistrate Judge=s Report and Recommendation (Doc. 28) have
been filed.
Accordingly, it is ORDERED that the Report and Recommendation of the Magistrate
Judge is hereby ADOPTED. Plaintiff’s Motion for Summary Judgment (Doc. 10) is DENIED;
Defendants Levy, City of Cincinnati and Gallagher’s Motions to Dismiss (Docs 11, 14 and 15) are
GRANTED; and Plaintiffs’ claims against Defendants Goodwyn, Brown and the United States
Patent and Trademark Office are DISMISSED.
IT IS SO ORDERED.
s/Michael R. Barrett
Michael R. Barrett
United States District Judge

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