Payne v. Gifford et al
ORDER adopting Report and Recommendation re 55 Report and Recommendation denying 44 Motion to Dismiss for Lack of Jurisdiction; granting 49 Motion for Summary Judgment. Signed by Judge Michael R. Barrett on 9/28/17. (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
Case No. 1:16cv514
C/O Nicholas J. Gifford, et al.,
Judge Michael R. Barrett
This matter is before the Court on the Report and Recommendation filed by the
Magistrate Judge on September 5, 2017 (Doc. 55).
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. 55) of
the Magistrate Judge is hereby ADOPTED. Consistent with the recommendation by the
Magistrate Judge, Defendants’ Motion for Summary Judgment (Doc. 49) is GRANTED
on all grounds except exhaustion and Defendants’ Motion to Dismiss is DENIED. This
matter is dismissed with prejudice.
IT IS SO ORDERED.
s/Michael R. Barrett
Michael R. Barrett
United States District Judge
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