Hiles v. Army Review Board Agency et al

Filing 112

DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 104 ). Signed by Judge Timothy S. Black on 2/12/2016. (mr)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
MARSHALL G. HILES,
Plaintiff,
vs.
ARMY REVIEW BOARD
AGENCY, et al.,
Defendants.

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Case No. 1:12-cv-673
Judge Timothy S. Black
Magistrate Judge Karen L. Litkovitz

DECISION AND ENTRY ADOPTING THE REPORT AND
RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE
(Doc. 104)
This case 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 Karen L. Litkovitz. Pursuant to such reference, the Magistrate
Judge reviewed the pleadings filed with this Court and, on August 13, 2015, submitted a
Report and Recommendation. (Doc. 104). Plaintiff did not file objections, but he did file
a petition for writ of prohibition and mandamus. (Doc. 108). On February 11, 2016, the
Sixth Circuit denied the petition. See In re: Marshall G. Hiles, No. 15-3992 (6th Cir.
Feb. 11, 2016). Accordingly, the Report and Recommendation is ripe for review.
As required by 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72(b), 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 Report and Recommendation should be and is hereby adopted in its
entirety:
1.

Plaintiff’s motion for recusal (Doc. 99) is DENIED;

2.

Defendants’ motion for summary judgment and renewed motion to dismiss
Count II (Doc. 97) is GRANTED;

3.

Plaintiff’s motion to vacate (Doc. 101) is DENIED; and

4.

The Clerk shall enter judgment accordingly, whereupon this case is
TERMINATED on the docket of this Court.

IT IS SO ORDERED.
Date: 2/12/16

s/ Timothy S. Black
Timothy S. Black
United States District Judge

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