Hairston v. Sparks et al

Filing 186

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 181 Report and Recommendations. Accordingly 160 Plaintiff's Motion for Summary Judgment is denied without prejudice. Signed by Judge Susan J. Dlott on 3/7/2025. (wam)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
Rico Isaih Hairston,
Plaintiff,
v.
Frelon Sparks, et al.,
Defendants.

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Case No. 1:22-cv-104
Judge Susan J. Dlott
Order Adopting Report and
Recommendation and Denying Motion
for Summary Judgment Without
Prejudice to Renew

This matter is before the Court on the Report and Recommendation entered by Magistrate
Judge Peter B. Silvain, Jr. on January 31, 2025. (Doc. 181.) The Magistrate Judge
recommended that the Court deny Plaintiff’s Motion for Summary Judgment without prejudice
to renew because discovery is outstanding. (Docs. 160, 181.) The Magistrate Judge will set a
new deadline for dispositive motions after discovery is complete. Plaintiff filed an Objection to
the Report and Recommendation. (Doc. 182.)
Title 28 U.S.C § 636(b)(1)(B) & (C) and Federal Rule of Civil Procedure Rule 72(b)(1)
authorize magistrate judges to make recommendations concerning dispositive motions and
prisoner petitions challenging conditions of confinement. Parties then have fourteen days to
make file and serve specific written objections to the report and recommendation. 28 U.S.C.
636(b)(1); Fed. R. Civ. P. 72(b)(2). “The district judge must determine de novo any part of the
magistrate judge's disposition that has been properly objected to. The district judge may accept,
reject, or modify the recommended disposition; receive further evidence; or return the matter to
the magistrate judge with instructions.” Fed. R. Civ. P. 72(b)(3); see also 28 U.S.C. § 636(b)(1)
(substantially similar).
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The Court agrees with the well-reasoned Report and Recommendation. The Report and
Recommendation (Doc. 181) is ADOPTED, and Plaintiff’s Motion for Summary Judgment
(Doc. 160) is DENIED WITHOUT PREJUDICE TO RENEW.
IT IS SO ORDERED.
BY THE COURT:
S/Susan J. Dlott
Susan J. Dlott
United States District Judge

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