Geraci v. Mohr et al

Filing 11

ORDER finding as moot 4 Motion to Dismiss; finding as moot 5 Motion for Leave to Proceed in forma pauperis. Case Terminated ; granting 8 Motion to Dismiss; adopting Report and Recommendation re 9 . Signed by Judge Sandra S Beckwith on 1/3/13. (mb)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

Mattew A. Geraci,
Plaintiff
v.

Case No. 1:12-cv-771

Gary Mohr, et al.,
Defendants

ORDER
This matter is before the Court on the Magistrate Judge’s Report and
Recommendation filed December 7, 2012 (Doc. 9).
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. See United States
v. Walters, 638 F.2d 947 (6th Cir. 1981). As of the date of this Order, no objections
to the Magistrate Judge’s Report and Recommendation have been filed.
Having reviewed this matter de novo pursuant to 28 U.S.C. § 636, we find the
Magistrate Judge’s Report and Recommendation correct.
Accordingly, it is ORDERED that the Report and Recommendation of the
Magistrate Judge is hereby ADOPTED. Plaintiff’s motion to dismiss filed December
3, 2012 (Doc. 8) is GRANTED. Plaintiff’s complaint is DISMISSED without
prejudice. The prior motions to dismiss and for leave to proceed in forma pauperis
are DENIED AS MOOT.
Date: January 3, 2013

s/Sandra S. Beckwith
Sandra S. Beckwith, Senior Judge
United States District Court