Burfitt v. Bear et al

Filing 59

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 52 Report and Recommendations. The motion to dismiss filed by Defendants Bear, Sammons, and Gladman 31 is DENIED as to defendants Bear and Sammons, but GRANTED as to defe ndant Gladman. It is further ORDERED that the motion for judgment on the pleadings filed by Sgt. Brian Felts and Susan Felts 43 is DENIED as to defendant Sgt. Felts, but GRANTED as to defendant Susan Felts. Therefore, all claims agai nst defendants Gladman and Susan Felt are DISMISSED, with plaintiff's eighth amendment claims to proceed against defendants Bear, Sgt. Sammons, and Sgt. Felts Signed by Judge Susan J. Dlott on 9/16/16.. Signed by Judge Susan J. Dlott on 9/16/16. (sct)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

Lawrence R. Burfitt,
Plaintiff,
vs.
Sgt. Bear, et al.,
Defendants.

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Case Number: 1:15cv730
Judge Susan J. Dlott

ORDER
This matter 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 Stephanie K. Bowman. Pursuant to such reference, the Magistrate Judge
reviewed the pleadings and filed with this Court on August 15, 2016 a Report and
Recommendation (Doc. 52). Subsequently, the plaintiff filed objections to such Report and
Recommendation (Doc. 56).
The Court has reviewed the comprehensive findings of the Magistrate Judge and
considered de novo all of the filings in this matter. Upon consideration of the foregoing, the
Court does determine that such Recommendation should be adopted.
Accordingly, the motion to dismiss filed by Defendants Bear, Sammons, and Gladman
(Doc. 31) is DENIED as to defendants Bear and Sammons, but GRANTED as to defendant
Gladman. It is further ORDERED that the motion for judgment on the pleadings filed by Sgt.
Brian Felts and Susan Felts (Doc. 43) is DENIED as to defendant Sgt. Felts, but GRANTED as
to defendant Susan Felts. Therefore, all claims against defendants Gladman and Susan Felt are
DISMISSED, with plaintiff’s eighth amendment claims to proceed against defendants Bear, Sgt.

Sammons, and Sgt. Felts.
IT IS SO ORDERED.

___s/Susan J. Dlott___________
Judge Susan J. Dlott
United States District Court