Fisher v. Cataldi et al

Filing 40

DECISION AND ENTRY ADOPTING 29 REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. Defendant Smith's motion to dismiss 24 is DENIED. Signed by Judge Timothy S. Black on 12/15/17. (gs) (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
MICHAEL A. FISHER,
Plaintiff,
vs.
DR. CATALDI, et al.,
Defendants.

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Case No. 1:16-cv-605
Judge Timothy S. Black
Magistrate Judge Karen L. Litkovitz

DECISION AND ENTRY
ADOPTING THE REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 29)
This civil 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 and memoranda filed with this Court and, on
July 12, 2017, submitted a Report and Recommendation. (Doc. 29) 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 Recommendation should be and is hereby ADOPTED in
its entirety.
Accordingly, Defendant Smith’s motion to dismiss (Doc. 24) is DENIED.

IT IS SO ORDERED.
Date: ____________
12/15/17

_______________________
Timothy S. Black
United States District Judge

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