Johnson v. Humphrey et al

Filing 25

DECISION AND ENTRY ADOPTING THE SUPPLEMENTAL REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 22 ). Signed by Judge Timothy S. Black on 5/21/18. (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
TYRONE R. JOHNSON,
Plaintiff,
vs.
MICHAEL HUMPHREY, et al.,
Defendants.

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Case No. 1:18-cv-43
Judge Timothy S. Black
Magistrate Judge Stephanie K. Bowman

DECISION AND ENTRY
ADOPTING THE SUPPLEMENTAL REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 22)
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 March 30, 2018,
submitted a Report and Recommendation. (Doc. 18). Plaintiff filed objections to the
Report and Recommendation setting forth new arguments not contained in his most
recently amended complaint. (Doc. 20). Based on these objections, this Court ordered
the matter recommitted to the Magistrate Judge for a supplemental Report and
Recommendation. (Doc. 21). The supplemental Report and Recommendation was
submitted on April 18, 2018. (Doc. 22). No objections were filed to the supplemental
Report and Recommendation.
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

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determine that the supplemental Report and Recommendation should be and is hereby
ADOPTED in its entirety.
Accordingly, IT IS ORDERED as follows:
1) The claims against Defendant Osborne set forth in Plaintiff’s “amended
complaint” (Docs. 13, 20) are DISMISSED WITH PREJUDICE, with the
exception of Plaintiff’s claim of excessive force in violation of the Eighth
Amendment against Defendant Osborne in his individual capacity.
2) Plaintiff’s motions for a temporary restraining order and preliminary injunction
(Docs. 16, 19) are DENIED.
IT IS SO ORDERED.
Date: 5/21/18

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Timothy S. Black
United States District Judge

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