Haywood v. Gifford et al

Filing 15

DECISION AND ENTRY ADOPTING 11 REPORT AND RECOMMENDATIONS. With the exception of Plaintiff's Eighth Amendment claim against Defendant Gifford in his individual capacity, all of Plaintiff's claims are DI SMISSED WITH PREJUDICE. Plaintiff may proceed only with his Eighth Amendment claim against Defendant Gifford in his individual capacity. Signed by Judge Timothy S. Black on 11/21/17. (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
WESTERN DIVISION
DAYMOND HAYWOOD,
Plaintiff,
vs.
NICHOLAS GIFFORD, et al.,
Defendants.

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Case No. 1:17-cv-398
Judge Timothy S. Black
Magistrate Judge Karen L. Litkovitz

DECISION AND ENTRY
ADOPTING THE REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 11)
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 filed with this Court, and on October 4, 2017, submitted a
Report and Recommendation. (Doc. 11). 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:
1. The Report and Recommendation (Doc. 11) is ADOPTED in its entirety;

2. With the exception of Plaintiff’s Eighth Amendment claim against Defendant
Gifford in his individual capacity, all of Plaintiff’s claims are DISMISSED
WITH PREJUDICE pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and
1915A(b)(1); and
3. Plaintiff may proceed only with his Eighth Amendment claim against
Defendant Gifford in his individual capacity.

IT IS SO ORDERED.
11/21/17
Date: ___________

______________________
Timothy S. Black
United States District Judge

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