Hobbs v. Faulkner et al

Filing 84

ORDER adopting Report and Recommendation re 83 Report and Recommendation re 82 Motion Relief from Judgment; the Court will enter an indicative ruling advising the Sixth Circuit is would grant Plaintiff's Motion for Relief from Judgment if the case were remanded for that purpose; Plaintiff shall advise the Sixth Circuit. Signed by Judge Michael R. Barrett on 6/25/19. (ba)(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 Ryan D. Hobbs, Plaintiff, v. Case No. 1:17cv441 Derek Faulkner, et al., Judge Michael R. Barrett Defendants. ORDER This matter is before the Court on the Report and Recommendation (“R&R”) filed by the Magistrate Judge on May 24, 2019 (Doc. 83). 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 R&R (Doc. 83) have been filed. Accordingly, it is ORDERED that the R&R (Doc. 83) of the Magistrate Judge is hereby ADOPTED. Consistent with the recommendation by the Magistrate Judge, the Court will enter an indicative ruling advising the Sixth Circuit that it would grant Plaintiff’s Motion for Relief from Judgment (Doc. 82) if the case were remanded for that purpose. It is Plaintiff’s duty, per Fed. R. Civ. P. 62.1, to advise the Sixth Circuit. IT IS SO ORDERED. s/Michael R. Barrett Michael R. Barrett, Judge United States District Court 1

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