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.)

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
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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

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