Knecht v. Cincinnati City of et al

Filing 95

DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 88 ). Signed by Judge Timothy S. Black on 2/16/2016. (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
CHRISTOPHER KNECHT,
Plaintiff,
vs.
CITY OF CINCINNATI, OHIO,
Defendant.

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Case No. 1:12-cv-763
Judge Timothy S. Black
Magistrate Judge Stephanie K. Bowman

DECISION AND ENTRY ADOPTING THE REPORT AND
RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE
(Doc. 88)
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 Stephanie K. Bowman. Pursuant to such reference, the
Magistrate Judge reviewed the pleadings filed with this Court and, on December 10,
2015, submitted a Report and Recommendation. (Doc. 88). Plaintiff filed objections
(Doc. 92) and the Defendant responded (Doc. 94). 1 The case is now 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

Plaintiff objects that: (1) his affidavit does not contain inadmissible hearsay; (2) the City is
subject to a fine pursuant to 28 C.F.R. § 20.25; and (3) discovery should have been reopened.
Plaintiff’s objections are OVERRULED because: (1) his affidavit contains inadmissible
hearsay; (2) 28 C.F.R. § 20.25 does not provide for fines where innocently inaccurate criminal
history information is self-corrected pursuant to 28 C.F.R. § 20.21(a); and (3) Plaintiff had three
years to obtain discovery before filing his untimely motion to reopen discovery.
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determine that such Report and Recommendation should be and is hereby adopted in its
entirety.
Accordingly, Defendant’s motion for summary judgment (Doc. 76) is
GRANTED. The Clerk shall enter judgment accordingly, whereupon this case is
TERMINATED on the docket of this Court.
IT IS SO ORDERED.
Date: 2/16/16

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

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