Johnson v. Ahmed et al

Filing 21

DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 19 ). Signed by Judge Timothy S. Black on 7/11/2014. (mr1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
JAMES JOHNSON, III,
Plaintiff,
vs.
FAISAL AHMED, et al.,
Defendants.

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Case No. 1:13-cv-921
Judge Timothy S. Black
Magistrate Judge Karen L. Litkovitz

DECISION AND ENTRY ADOPTING
THE REPORT AND RECOMMENDATION OF THE
UNITED STATES MAGISTRATE JUDGE (Doc. 19)
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 June 17, 2014,
submitted a Report and Recommendation. (Doc. 19). Plaintiff did not file objections.
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 relevant filings in this matter. Upon consideration of the foregoing, the Court does
determine that such Report and Recommendation should be and is hereby adopted in its
entirety.
Accordingly:
1.

The Report and Recommendation (Doc. 19) is hereby ADOPTED;

2.

Defendant’s motion to dismiss the Complaint for failure to state a claim for
relief (Doc. 8) is GRANTED;

3.

The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that for the reasons
stated in the Report and Recommendation (Doc. 19), an appeal of any
Order adopting it would not be taken in good faith. See McGore v.
Wrigglesworth, 114 F.3d 601 (6th Cir. 1997); and

4.

This matter shall proceed against Defendants Rosie Clagg and Dr. Faisal
Ahmed.

IT IS SO ORDERED.
Date: 7/11/14

/s/ Timothy S. Black
Timothy S. Black
United States District Judge

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