Durham v. Chief Bureau of Classification and Reception et al

Filing 57

ORDER denying 48 Defendants' Motion for Judgment on the Pleadings; adopting Report and Recommendation 54 denying plaintiff's motion to voluntarily dismiss certain defendants; denying motions to amend complaint and to stay case. This case is recommitted to the Magistrate Judge. Signed by Judge Herman J. Weber on 6/20/14. (mb)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

ROY A. DURHAM,
Plaintiff
v.

C-1-13-226

WARDEN MICHAEL SHEETS,
et al.,
Defendants

ORDER
This

matter

is

before

the

Court

upon

the

Report

and

Recommendation of the United States Magistrate Judge (doc. no. 54) 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.

2
The Report and Recommendation of the United States Magistrate
Judge (doc. no. 54) is hereby ADOPTED AND INCORPORATED HEREIN BY
REFERENCE. Defendants’ Motion for Judgment on the Pleadings (doc. no.
49) is DENIED.

Plaintiff’s Motion to Voluntarily Dismiss defendants

Romanak, Bush, Maggard, Sarwar and McIntosh (doc. no. 39) and Motions
to Amend Complaint and Stay Proceedings (doc. nos. 50 and 51) are
DENIED.
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