Durham v. Chief Bureau of Classification and Reception et al

Filing 154

AMENDED 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); AND (3) DENYING PLAINTIFF'S SECOND MOTION TO FILE A THIRD AMENDED COMPLAINT (Doc. 121). Signed by Judge Timothy S. Black on 1/02/18. (jlm)(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
ROY A. DURHAM, JR.,
Plaintiff,
vs.
ROB JEFFREYS, et al.,
Defendants.

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Case No. 1:13-cv-226
Judge Timothy S. Black
Magistrate Judge Karen L. Litkovitz

AMENDED DECISION AND ENTRY: 1 (1) ADOPTING THE
REPORT AND RECOMMENDATIONS OF THE
UNITED STATES MAGISTRATE JUDGE (Doc. 137);
(2) OVERRULING PLAINTIFF’S OBJECTIONS (Docs. 138, 139); AND
(3) DENYING PLAINTIFF’S SECOND MOTION
TO FILE A THIRD AMENDED COMPLAINT (Doc. 121)
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. 138-139). 2
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
1

On May 31, 2017, the Court put on an Order adopting the Report and Recommendations of the Magistrate Judge. Pursuant to Fed. R. Civ. P. 60(a), the Court enters this
Amended Order to correctly reflect that this action remains open pending resolution of
Plaintiff’s remaining claims.

2

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.

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.
Accordingly:
1. The Report and Recommendations (Doc. 137) is ADOPTED;
2. Plaintiff’s Objections (Docs. 138, 139) are OVERRULED; and
3. Plaintiff’s second motion for leave of court to file a third amended complaint
(Doc. 121) is DENIED. 3

IT IS SO ORDERED.
1/2/18
Date: ____________

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Timothy S.
Timothy S. Black
h
United States District Judge

3

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).
2