Fenske v. Evolve Bank & Trust

Filing 11

ORDER by Judge Susan J. Dlott ADOPTING REPORT AND RECOMMENDATION (Doc. 7); plaintiff's complaint is dismissed. (vp)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

Thomas Fenske,
Plaintiff(s),
vs.
Evolve Bank & Trust,
Defendant(s).

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Case Number: 1:17cv522
Judge Susan J. Dlott

ORDER
This matter 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 and filed with this Court on October 3, 2017 a Report and Recommendation (Doc.
7). Subsequently, the plaintiff filed objections to such Report and Recommendation (Doc. 10).
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 Recommendation should be adopted.
Accordingly, plaintiff’s complaint is DISMISSED. See 28 U.S.C. §1915(e)(2)(B) and
1915A(b).
Plaintiff’s motion for a temporary restraining order (Dc. 1-3), “motion to hold any
finding in State of Ohio court in abeyance pending outcome of this federal case” (Doc. 1-4), and
“Emergency Motion for Emergency Order to Rescind Eviction Notice from County Sheriff’s
Department pending outcome from this Federal Case and pending outcome from Ohio Supreme
Court Filing (Writ of Certiorari)” (Doc. 2) is DENIED.

IT IS SO ORDERED.

___s/Susan J. Dlott___________
Judge Susan J. Dlott
United States District Court