Clark v. Burke et al

Filing 22

DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 21 ). Signed by Judge Timothy S. Black on 1/27/2017. (mr)(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 CARLOS CLARK, Plaintiff, vs. DANIEL BURKE, et al., Defendants. : : : : : : : : : Case No. 1:16-cv-547 Judge Timothy S. Black Magistrate Judge Karen L. Litkovitz DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 21) This case 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 Karen L. Litkovitz. Pursuant to such reference, the Magistrate Judge reviewed the pleadings filed with this Court and, on January 10, 2017, submitted a Report and Recommendations. (Doc. 21). No objections were filed. As required by 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72(b), 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 Report and Recommendations should be and is hereby adopted in its entirety. Accordingly: 1. Defendants’ motion to dismiss Plaintiff’s claims against Defendants in their official capacities (Doc. 10) is GRANTED; 2. Defendants’ motion to dismiss Plaintiff’s excessive use of force claim against Defendants in their individual capacities (Doc. 10) is DENIED; 3. Defendants’ motion to dismiss the claims set forth in Plaintiff’s Amended Claim Form (Revised) (Doc. 19) is DENIED as MOOT; and 4. Plaintiff’s claim for deliberate indifference to medical needs is DISMISSED for failure to state a claim for relief. IT IS SO ORDERED. 1/27/17 Date: ___________ _______________________ Timothy S. Black United States District Judge 2

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