Brooks v. Dalton et al

Filing 40

DECISION AND ENTRY ADOPTING 39 REPORT AND RECOMMENDATIONS. Plaintiff's two motions for summary judgment (Docs. 20, 23) are DENIED. Plaintiff's motion for default judgment (Doc. 35) is DENIED AS MOOT. Defendants' motion fo r summary judgment (Doc. 34) is GRANTED. All claims are accordingly DISMISSED WITH PREJUDICE except for Plaintiff's pendent state law claim against Defendant Dalton, which is DISMISSED WITHOUT PREJUDICE. This case shall be CLOSED. Signed by Judge Timothy S. Black on 8/16/17. (sct) (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
WESTERN DIVISION
ULIOUS BROOKS,
Plaintiff,
vs.
JESSICA DALTON, et al.,
Defendants.

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Case No. 1:16-cv-564
Judge Timothy S. Black
Magistrate Judge Stephanie K. Bowman

DECISION AND ENTRY
ADOPTING THE REPORT AND RECOMMENDATIONS
OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 39)
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 Stephanie K. Bowman. Pursuant to such reference, the
Magistrate Judge reviewed the pleadings filed with this Court and, on June 12, 2017,
submitted a Report and Recommendations. (Doc. 39). 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, IT IS ORDERED that:
1)

Plaintiff’s two motions for summary judgment (Docs. 20, 23) are
DENIED;
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2)

Plaintiff’s motion for default judgment (Doc. 35) is DENIED AS MOOT;

3)

Defendants’ motion for summary judgment (Doc. 34) is GRANTED. All
claims are accordingly DISMISSED WITH PREJUDICE except for
Plaintiff’s pendent state law claim against Defendant Dalton, which is
DISMISSED WITHOUT PREJUDICE;

4)

The Clerk shall enter judgment accordingly, whereupon this case shall be
CLOSED.

IT IS SO ORDERED.
Date: 8/16/17

______________________
Timothy S. Black
United States District Judge

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