Kyte v. Hamilton County Jail et al

Filing 7

DECISION AND ENTRY adopting the Reports and Recommendations of the United States Magistrate Judge (Docs. 4 , 6 ). Signed by Judge Timothy S. Black on 4/28/2021. (rrs)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION MEGAN KYTE, Plaintiff, vs. HAMILTON COUNTY JAIL, et al. Defendants. : : : : : : : : : Case No. 1:21-cv-19 Judge Timothy S. Black Magistrate Judge Karen L. Litkovitz DECISION AND ENTRY ADOPTING THE REPORTS AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE (Docs. 4, 6) This case is before the Court pursuant to the Order of General Reference to United States Magistrate Judge Karen L. Litkovitz. Pursuant to such reference, the Magistrate Judge reviewed the pleadings filed with this Court and, on February 24, 2021, submitted a Report and Recommendation. (Doc. 4). Plaintiff Megan Kyte did not file any objections to that Report and Recommendation. Instead, Plaintiff filed a motion to set aside sentence. (Doc. 5). The Magistrate Judge then submitted a second Report and Recommendation on March 18, 2021. (Doc. 6). 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 the filings in this matter. Upon consideration of the foregoing, the Court finds that the Reports and Recommendations (Docs. 4, 6) should be and are hereby adopted in the entirety. Accordingly, for the reasons stated above: 1. The Reports and Recommendations (Docs. 4, 6) are ADOPTED; 2. Plaintiff’s motion to set aside sentence (Doc. 5) is DENIED; 3. Plaintiff’s complaint/habeas petition (Doc. 1) is DISMISSED for lack of prosecution; and, 4. The Clerk shall enter judgment accordingly, whereupon this case is TERMINATED from the docket of this Court. IT IS SO ORDERED. Date: 4/28/2021 s/Timothy S. Black Timothy S. Black United States District Judge 2

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