Belcher v. Warden, Southern Ohio Correctional Facility et al

Filing 27

ORDER adopting Report and Recommendation 25 ; denying as moot [13 & 23] Defendants' Motions to Dismiss; striking the complaint and dismissing the case with prejudice. Signed by Judge Herman J. Weber on 10/29/13. (mb)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

LARRY BELCHER,
Plaintiff
v.

C-1-12-985

WARDEN, SOUTHERN OHIO
CORRECTIONAL FACILITY, et al.,
Defendants

ORDER
This

matter

is

before

the

Court

upon

the

Report

and

Recommendation of the United States Magistrate Judge (doc. no. 25) to
which neither party has objected.
Upon a de novo review of the record, the Court finds that the Judge
has accurately set forth the applicable law and has properly applied it to
the particular facts of this case. Accordingly, in the absence of any
objection by plaintiff, this Court accepts the Report as uncontroverted.
The Report and Recommendation of the United States Magistrate
Judge (doc. no. 25) is hereby ADOPTED AND INCORPORATED HEREIN BY
REFERENCE. Pursuant to Fed. R. Civ. P. 11, plaintiff’s Complaint (doc. no.

2
3) is stricken. This case is DISMISSED WITH PREJUDICE for want of
prosecution. Defendant’s Motion to Dismiss the Complaint On the Ground
it Is Deficient (doc. no. 13) and defendant’s Motion to Dismiss the Lawsuit
for Lack of Prosecution (doc. no. 23) are DENIED AS MOOT.
This case is DISMISSED AND TERMINATED on the docket of this
Court.
IT IS SO ORDERED.
s/Herman J. Weber
Herman J. Weber, Senior Judge
United States District Court