Pullen v. Combs et al

Filing 8

ORDER adopting Report and Recommendation re 7 Report and Recommendation. Signed by Judge Michael R. Barrett on 9/6/17. (ba)(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 Terry Tyrone Pullen, Jr., Plaintiff, v. Case No. 1:17cv255 Correctional Officer Mr. Combs, et al., Judge Michael R. Barrett Defendants. ORDER This matter is before the Court on the Report and Recommendation filed by the Magistrate Judge on August 21, 2017 (Doc. 7). Proper notice has been given to the parties under 28 U.S.C. ' 636(b)(1)(C), including notice that the parties would waive further appeal if they failed to file objections to the Report and Recommendation in a timely manner. United States v. Walters, 638 F.2d 947 (6th Cir. 1981). No objections to the Magistrate Judge=s Report and Recommendation have been filed. Accordingly, it is ORDERED that the Report and Recommendation (Doc. 7) of the Magistrate Judge is hereby ADOPTED. The Complaint (Doc. 6) is dismissed with prejudice consistent with the recommendation by the Magistrate Judge. This matter shall proceed with the following claims: Eighth Amendment claim for the use of excessive force against defendant Combs; plaintiff's excessive force claims against Ms. Felts, Sgt. Felts, and Sgt. Bear; his excessive force claim against Sgt. Felts and C/O Shaw; his claim that Sgt. Felts, Oppie, Bailey, Shaw and Haywood violated his Eighth Amendment rights; his failure to protect claim against Shaw and Clere; and his claim that defendants 1 Hill, Hart and Jane Doe allegedly denied him medical care. IT IS SO ORDERED. s/Michael R. Barrett Michael R. Barrett United States District Judge 2

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