Cook v. Woodard et al

Filing 27

DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 15 ). Signed by Judge Timothy S. Black on 3/1/18. (jlm)(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
JOHNNIE D. COOK,
Plaintiff,
v.
RYAN WOODARD, et al.,
Defendants.

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Case No. 1:17-cv-532
Judge Timothy S. Black
Magistrate Judge Stephanie K. Bowman

DECISION AND ENTRY
ADOPTING THE REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 15)
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 November 30,
2017, submitted a Report and Recommendation. (Doc. 15). No objections were 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 should be and is hereby adopted in its
entirety.
Accordingly, IT IS ORDERED as follows:
1) Plaintiff’s amended complaint (Doc. 10) is DISMISSED WITH
PREJUDICE pursuant to 28 U.S.C. §§1915(e)(2)(B) and 1915A(b)(1), with
the exception of the following claims, which may proceed: Plaintiff’s Eighth
Amendment claim of excessive force against defendant Ryan Woodard, as
stated in the original complaint, and Plaintiff’s retaliation claim against
defendant Cool, as stated in the amended complaint.
See 28 U.S.C. §§ 1915(e)(2)(B) & 1915A(b).

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2) Defendant’s motion to dismiss the amended complaint as to Defendant
Woodard (Doc. 11) is DENIED.
IT IS SO ORDERED.
Date: 3/1/18

s/ Timothy S. Black
Timothy S. Black
United States District Judge

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