Malone v. Conley et al

Filing 46

DECISION AND ENTRY adopting the Report and Recommendation of the United States Magistrate Judge (Doc. 44 ). Signed by Judge Timothy S. Black on 3/10/2020. (rrs)(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 MARLOWE MALONE, Plaintiff, vs. NURSE PRACTITIONER CONLEY, et al., Defendants. : : : : : : : : : : Case No. 1:17-cv-413 Judge Timothy S. Black Magistrate Judge Karen L. Litkovitz DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 44) This case is before the Court pursuant to the Order of General Reference to United States Magistrate Judge Karen L. Litkovitz. Pursuant to such reference, the Magistrate Judge reviewed the pleadings filed with this Court, and on January 27, 2020, submitted a Report and Recommendation. (Doc. 44). The Court granted Plaintiff a twenty-day extension of time to file objections to the Report and Recommendation; however, as of the date of this Order, no objections have been 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. 44) should be and is hereby ADOPTED in its entirety. Accordingly, for the reasons stated above: 1) Defendant’s motion for summary judgment (Doc. 34) is GRANTED; 2) The Court certifies that pursuant to 28 U.S.C. § 1915(a), an appeal of this Order would not be taken in good faith; 3) The Clerk shall enter judgment accordingly, whereupon this case is TERMINATED from the docket of this Court. IT IS SO ORDERED. Date: 3/10/2020 /s/ Timothy S. Black Timothy S. Black United States District Judge 2

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