Rutherford v. Warden, Southern Ohio Correctional Facility et al

Filing 100

ORDER adopting Report and Recommendation re 86 Report and Recommendation denying 65 Motion for Default Judgment. Signed by Judge Michael R. Barrett on 5/3/17. (ba)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION Kenneth J. Rutherford, Jr., Plaintiff, v. Case No. 1:15cv164 Warden, Southern Ohio Correctional Facility, 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 April 5, 2017 (Doc. 86). 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. 86) of the Magistrate Judge is hereby ADOPTED. Plaintiff’s Motion for Default Judgment (Doc. 65) is DENIED. IT IS SO ORDERED. s/Michael R. Barrett Michael R. Barrett United States District Judge 1

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