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.)

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