Perry v. Erdos et al

Filing 79

ORDER denying 77 Motion to Dismiss for Failure to State a Claim; adopting Report and Recommendations re 78 Report and Recommendations. Signed by Judge Sarah D. Morrison on 11/18/2022. (merc)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION ANTHONY R. PERRY, Plaintiff, : Case No. 1:22-cv-178 Judge Sarah D. Morrison Magistrate Judge Chelsey M. Vascura v. RONALD ERDOS, et al., : Defendants. ORDER On November 1, 2022, the Magistrate Judge issued a Report and Recommendation recommending that the Court deny the Motion to Dismiss filed by Defendants Pierce and Dofflemyer and Interested Party State of Ohio. (R&R, ECF No. 78.) Although the parties were advised of the right to file objections to the R&R, and of the consequences of failing to do so (see R&R, 8) no objections have been filed and the time for doing so has passed. The Court ADOPTS and AFFIRMS the Magistrate Judge’s Report and Recommendation (ECF No. 78). The Motion to Dismiss (ECF No. 77) is DENIED. IT IS SO ORDERED. /s/ Sarah D. Morrison SARAH D. MORRISON UNITED STATES DISTRICT JUDGE

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