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)

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