Lilley v. Peeler et al

Filing 35

ORDER adopting Report and Recommendation re 34 Report and Recommendation granting 15 Motion to Dismiss for Failure to State a Claim; granting 16 Motion to Dismiss for Lack of Jurisdiction; granting 22 Motion to Dismiss for Lack of Jurisdi ction; granting 26 Motion to Dismiss for Failure to State a Claim; denying 31 Motion. Signed by Judge Michael R. Barrett on 9/3/15. (ba)(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
Stephen R. Lilley,
Plaintiff,
v.

Case No. 1:15cv128

Hon. Robert Peeler, et al.,

Judge Michael R. Barrett

Defendants.

ORDER
This matter is before the Court on the Report and Recommendation filed by the
Magistrate Judge on August 10, 2015 (Doc. 34).
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. United States v. Walters, 638 F.2d 947 (6th Cir.
1981). No objections to the Magistrate Judge=s Report and Recommendation have been
filed.
Accordingly, it is ORDERED that the Report and Recommendation (Doc. 34) of the
Magistrate Judge is hereby ADOPTED. Defendants’ Motions to Dismiss (Doc. 15, 16, 22
and 26) are GRANTED based upon lack of jurisdiction pursuant to Fed. R. Civ. P. 12(b)(1)
and consistent with the recommendation by the Magistrate Judge; and Plaintiff’s Motion for
Leave for the DOJ, Civil Rights Division to Join Plaintiff in Americans with Disabilities Act
Complaint (Doc. 31) is DENIED. This matter is closed.
IT IS SO ORDERED.
s/Michael R. Barrett
Michael R. Barrett
United States District Judge

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