Burfitt v. Erving et al

Filing 12

ORDER adopting Report and Recommendation re 8 Report and Recommendation denying 5 Motion for Preliminary Injunction; denying 6 Motion for Preliminary Injunction. Signed by Judge Michael R. Barrett on 6/21/18. (ba)(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
Lawrence R. Burfitt, II
Plaintiff,
v.

Case No. 1:18cv260

C/O M. Erving, et al.,

Judge Michael R. Barrett

Defendants.
ORDER
This matter is before the Court on the Report and Recommendation filed by the
Magistrate Judge on May 3, 2018 (Doc. 8).
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 Report
and Recommendation have been filed.
Accordingly, it is ORDERED that the Report and Recommendation (Doc. 8) of
the Magistrate Judge is hereby ADOPTED. Plaintiff’s excessive-force claims against
defendants Erving, Ruckel, Parish, Esaum, Buroughton, Sparks, and Warren and
plaintiff’s failure-to-protect claims against defendant Nolan shall remain pending.
Plaintiff’s Motions for Preliminary Injunction (Doc. 5, 6) are DENIED.

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Any request for certificate of appealability or request to certify an appeal would
not be taken in good faith and would be denied.
IT IS SO ORDERED.
s/Michael R. Barrett
Michael R. Barrett
United States District Judge

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