Fisher v. Cataldi et al

Filing 42

DECISION AND ENTRY ADOPTING THE REPORT AND OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 41 ). Defendants' motion for summary judgment (Doc. 30 ) is GRANTED; Pursuant to 28 U.S.C. § 1915(a)(3), an appeal of this order would not be taken in good faith; and The Clerk shall enter judgment accordingly, whereupon this case is TERMINATED on the docket of this Court. Signed by Judge Timothy S. Black on 1/25/18. (jlm)(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.

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

DR. CATALDI, et al.,
Defendants.
DECISION AND ENTRY
ADOPTING THE REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 41)
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 and memoranda filed with this Court, and on January 9,
2018, submitted a Report and Recommendation. (Doc. 41). 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 (Doc. 41) should be and is hereby
adopted in its entirety.
Accordingly:
1. The Report and Recommendation (Doc. 41) is ADOPTED;
2. Defendants’ motion for summary judgment (Doc. 30) is GRANTED;

3. Pursuant to 28 U.S.C. § 1915(a)(3), an appeal of this order would not be taken
in good faith; and
4. The Clerk shall enter judgment accordingly, whereupon this case is
TERMINATED on the docket of this Court.
IT IS SO ORDERED.
Date: ____________
1/25/18

_______________________
Timothy S. Black
United States District Judge