Durham v. Chief Bureau of Classification and Reception et al
ORDER ADOPTING 137 REPORT AND RECOMMENDATIONS for 137 Report and Recommendations; Plaintiff's Objections (Docs. 138, 139) are OVERRULED; Plaintiff's second motion for leave of court to file a third amended compla int (Doc. 121) is DENIED; This case is TERMINATED on the docket of this Court. Signed by Judge Timothy S. Black on 5/31/17. (sct)(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
ROY A. DURHAM, JR.,
ROB JEFFREYS, et al.,
Case No. 1:13-cv-226
Judge Timothy S. Black
Magistrate Judge Karen L. Litkovitz
DECISION AND ENTRY: (1) ADOPTING THE
REPORT AND RECOMMENDATIONS OF THE
UNITED STATES MAGISTRATE JUDGE (Doc. 137);
(2) OVERRULING PLAINTIFF’S OBJECTIONS (Docs. 138, 139);
(3) DENYING PLAINTIFF’S SECOND MOTION
TO FILE A THIRD AMENDED COMPLAINT (Doc. 121); AND
(4) TERMINATING THIS CASE FROM THE DOCKET
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 March 14, 2017, submitted a
Report and Recommendations. (Doc. 137). Objections to the Report and
Recommendations were due by March 23, 2017. (Doc. 137 at 6; Fed. R. Civ. P. 72(b)).
On April 10, 2017, and April 17, 2017, Plaintiff filed objections. (“Objections”) (Docs.
Even if the Objections had been timely filed, they primarily restate arguments that were
already addressed by the Magistrate Judge, namely, that Plaintiff has been denied access
to the law library. The Court finds this argument to not be well-taken. As detailed in the
Report and Recommendations, Plaintiff has had ample opportunity to pursue his claims
and granting further leave to amend four years after this action was commenced would
unduly prejudice Defendants.
As required by 29 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 Recommendations should be and is hereby adopted in its
entirety and Plaintiff’s Objections to the Report and Recommendations are overruled.
1. The Report and Recommendations (Doc. 137) is ADOPTED;
2. Plaintiff’s Objections (Docs. 138, 139) are OVERRULED;
3. Plaintiff’s second motion for leave of court to file a third amended complaint
(Doc. 121) is DENIED; 2 and
4. The Clerk shall enter judgment accordingly, whereupon this case is
TERMINATED on the docket of this Court.
IT IS SO ORDERED.
Timothy S. Black
United States District Judge
To the extent Plaintiff’s motion requests an extension of time to file a supplemental
brief in response to Defendant’s motion for judgment on the pleadings (Doc. 121 at 1),
this Court already granted Plaintiff such an extension and accepted his supplemental
filings (Doc. 127).
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