Alexander v. Payne et al

Filing 33

ORDER granting 20 Motion to Dismiss; adopting Report and Recommendation 29 . Defendant Hobberson is terminated as a defendant. This case is RECOMMITTED to the Magistrate Judge. Signed by Judge Herman J. Weber on 4/23/14. (mb)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

ADDISON ALEXANDER,
Plaintiff
v.

C-1-13-133

SGT. PAYNE, et al.,
Defendants

ORDER
This

matter

is

before

the

Court

upon

the

Report

and

Recommendation of the United States Magistrate Judge (doc. no. 29) 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. 29) is hereby ADOPTED AND INCORPORATED HEREIN BY
REFERENCE. Defendant Hobberson’s Motion to Dismiss (doc. no. 20) is

2
well-taken. To the extent plaintiff’s Complaint asserts any claims against
defendant Hobberson, those claims are dismissed and defendant
Hobberson is TERMINATED as a defendant from this action.
This case is RECOMMITTED to the United States Magistrate for
further proceedings according to law.
IT IS SO ORDERED.
s/Herman J. Weber
Herman J. Weber, Senior Judge
United States District Court