Durham v. Niffenegger et al

Filing 30

ORDER by Judge Susan J. Dlott ADOPTING REPORT AND RECOMMENDATION (doc. 25); deft Walmart's motion to dismiss (doc. 16 is granted in part and denied in part; defts Target and Cristian's motion to dismiss (doc. 20) is GRANTED in part and DENIED in part. (vp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
David Durham,
Plaintiff(s),
vs.
Detective Jerry Niffenegger, et al.,
Defendant(s).

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Case Number: 1:18cv91
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 March 5, 2019 a Report and Recommendation (Doc. 25). Subsequently, the
defendants Walmart (Doc. 27) and Target and James Christian (Doc. 28) filed objections to such Report
and Recommendation.
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, defendant Walmart’s motion to dismiss the complaint (Doc. 16) is GRANTED in
part and DENIED in part. Defendants Target and Christian’s motion to dismiss the complaint (Doc.
20) is GRANTED in part and DENIED in part.
IT IS SO ORDERED.

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