Smith v. Doe et al

Filing 26

ORDER adopting Report and Recommendation 24 ; dismissing the Warden; dismissing the amended complaint against defendants Peters, Davis, & Payne. Signed by Judge Sandra S Beckwith on 12/11/15. (mb)(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
Marcellus Smith, Jr.,
Plaintiff
v.

Case No. 1:14-cv-948

John Doe, et al.,
Defendants

ORDER
This matter is before the Court on the Magistrate Judge’s Report and
Recommendation filed November 13, 2015 (Doc. 24).
Proper notice has been given to the parties under 28 U.S.C. § 636(b)(1)(C),
including notice that the parties would waive further appeal if they failed to file
objections to the Report and Recommendation in a timely manner. See United States
v. Walters, 638 F.2d 947 (6th Cir. 1981). As of the date of this Order, no objections
to the Magistrate Judge’s Report and Recommendation have been filed.
Having reviewed this matter de novo pursuant to 28 U.S.C. § 636, we find the
Magistrate Judge’s Report and Recommendation correct.
Accordingly, it is ORDERED that the Report and Recommendation of the
Magistrate Judge is hereby ADOPTED. The amended complaint is DISMISSED as
to defendants Alen Peters, Melvina Davis, and Todd Payne. The Warden of the
Southern Ohio Correctional Facility is also DISMISSED.

Date: December 11, 2015

s/Sandra S. Beckwith
Sandra S. Beckwith, Senior Judge
United States District Court