Dearing v. Weaks et al

Filing 23

ORDER ADOPTING REPORT AND RECOMMENDATIONS: Plaintiffs Objection (Doc. 22) is OVERRULED; Defendants motion to dismiss (Doc. 12) is GRANTED; andthe Clerk shall enter judgment accordingly, whereupon this case is TERMINATED on the docket of this Court. Signed by Judge Timothy S. Black on 9/19/2018. (ss)(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
MARVIN DEARING,
Plaintiff,
vs.
MR. WEAKS, et al.,
Defendants.

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Case No. 1:17-cv-425-TSB-SKB
Judge Timothy S. Black
Magistrate Judge Stephanie K.
Bowman

DECISION AND ENTRY
ADOPTING THE REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 20) AND
TERMINATING THIS CASE IN THIS COURT
This case is before the Court pursuant to the Order of General Reference to United
States Magistrate Judge Stephanie K. Bowman. Pursuant to such reference, the
Magistrate Judge reviewed the pleadings filed with this Court, and, on July 16, 2018,
submitted a Report and Recommendation (Doc. 20). Plaintiff filed an objection
(“Objection”). 1
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

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Plaintiff’s Objection repeats his frustrations with the ODRC’s alleged failure to inform him that
it received a copy of his birth certificate, but does not contain any authority or persuasive
argument to rebut the Magistrate Judge’s correct conclusion that the Complaint fails to state a
viable First Amendment violation or injuries resulting therefrom.

its entirety. Accordingly:
1.

The Report and Recommendation (Doc. 20) is ADOPTED;

2.

Plaintiff’s Objection (Doc. 22) is OVERRULED;

3.

Defendants’ motion to dismiss (Doc. 12) is GRANTED; and

4.

The Clerk shall enter judgment accordingly, whereupon this case is
TERMINATED on the docket of this Court.

IT IS SO ORDERED.
Date:

9/19/18

Timothy S. Black
United States District Judge

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