Foster v. Ohio State of
DECISION AND ENTRY ADOPTING 22 REPORT AND RECOMMENDATIONS. Defendant Southworth is DISMISSED from this case based upon his death in July 2015. Plaintiff's motion to dismiss the Defendant previously identified as John Doe (D oc. 24) is GRANTED. All of Plaintiff's motions seeking to amend the caption of the docket of this case, and/or for entry of default judgment or other substantive relief against any and all Defendants (Docs. 20, 22, 23, 35, 36, 38 & 39) are DENIED. 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
STATE OF OHIO, et al.,
Case No. 1:16-cv-920
Judge Timothy S. Black
Magistrate Judge Stephanie K. Bowman
DECISION AND ENTRY
ADOPTING THE REPORT AND RECOMMENDATIONS
OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 43)
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. 43). Plaintiff filed objections on June
19, 2017, and supplemental objections on June 27, 2017. 1
The Court has reviewed Plaintiff’s objections and finds that they are not well taken. The
Report and Recommendations recommends dismissal of several motions filed by Plaintiff
seeking default judgment against various defendants for alleged failures to answer or otherwise
respond to Plaintiff’s complaint. Plaintiff’s objections claim that the Magistrate Judge’s
recommendation is in error. However, the Report and Recommendations thoroughly explains
the history of this case, including which defendants were properly served and which were not.
All those defendants that had been properly served at the time of the Report and
Recommendation’s filing had answered. One of the defendants is deceased, and accordingly
shall be dismissed sua sponte pursuant to the Report and Recommendations. Therefore, none of
Defendant’s motions seeking default judgment are meritorious.
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:
Defendant Southworth is DISMISSED from this case based upon his death
in July 2015;
Plaintiff’s motion to dismiss the Defendant previously identified as John
Doe (Doc. 24) is GRANTED;
All of Plaintiff’s motions seeking to amend the caption of the docket of this
case, and/or for entry of default judgment or other substantive relief against
any and all Defendants (Docs. 20, 22, 23, 35, 36, 38 & 39) are DENIED.
IT IS SO ORDERED.
Timothy S. Black
United States District Judge
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