Whiteside v. Thalheimer et al

Filing 36

ORDER adopting Report and Recommendation 34 denying 22 WCI defendants' motion for a more definite statement and denying the parole board defendants' motion to dismiss; granting plaintiff's motions to amend the complaint. Plaintiff is to file an amended complaint by 9/15/14. This case is RECOMMITTED to the Mag. Judge. Signed by Judge Herman J. Weber on 8/14/14. (mb) Modified on 8/14/2014 (mb).

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

NORMAN V. WHITESIDE,
Plaintiff
v.

C-1-13-408

TRAYCE THALHEIMER, et al.,
Defendants
ORDER
This

matter

is

before

the

Court

upon

the

Report

and

Recommendation of the United States Magistrate Judge (doc. no. 34) 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. 34) is hereby ADOPTED AND INCORPORATED HEREIN
BY REFERENCE.

Plaintiff’s Motion and Amended Motion to Amend his

2
Complaint (doc. nos. 25 and 26) are GRANTED. Plaintiff is directed to
file

an

Amended

Complaint

by

September

15,

2014.

The

WCI

Defendants' Motion for a More Definite Statement (doc. no. 23) is
DENIED and the Parole Board Defendants' Motion to Dismiss (doc. no.
22) is DENIED.
This case is RECOMMITTED to the United States Magistrate Judge
for further proceedings according to law.
IT IS SO ORDERED.
s/Herman J. Weber
Herman J. Weber, Senior Judge
United States District Court