Alford v. Mohr et al

Filing 153

Entry and Order Overruling 152 Objections and Adopting 149 Report and Recommendations. Signed by Judge Matthew W. McFarland on 04/13/2020. (kaf)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION - CINCINNATI BRIAN K. ALFORD, : Case No. 1:15-cv-645 : Plaintiff, : Judge Matthew W. McFarland : v. : : GARY MOHR, et al., : : Defendants. : : ______________________________________________________________________________ ENTRY AND ORDER OVERRULING OBJECTIONS (Doc. 152) AND ADOPTING REPORT AND RECOMMENDATIONS (Doc. 149). ______________________________________________________________________________ This action is before the Court on Plaintiff Brian K. Alford’s objections (Doc. 152) to Magistrate Judge Karen L. Litkovitz’s report and recommendations (Doc. 149). Magistrate Judge Litkovitz recommends that the Court grant Defendant Rick Malott’s motion for summary judgment (Doc. 139) and, since Defendant Malott is the sole remaining defendant, close this case on the docket of this Court. (Doc. 149.) This matter is now ripe for the Court’s review. As required by 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72(b), the Court has made a de novo review of the record in this case. Upon said review, the Court finds that Plaintiff’s objections (Doc. 152) are not well-taken and are accordingly OVERRULED. The Court ADOPTS Magistrate Judge Litkovitz’s report and recommendations (Doc. 149) in its entirety. IT IS THEREFORE ORDERED THAT: 1. Defendant Malott’s motion for summary judgment (Doc. 139) is GRANTED. 2. This case is CLOSED on the docket of this Court. 3. Pursuant to 28 U.S.C. § 1915(a)(3), it is hereby certified that an appeal of this Order would not be taken in “good faith.” See McGore v. Wrigglesworth, 114 F.3d 601 (6th Cir. 1997). IT IS SO ORDERED. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO By: 2 /s/ Matthew W. McFarland JUDGE MATTHEW W. McFARLAND

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