Walker v. O'Brien et al
ORDER denying 10 Motion to Dismiss; adopting Report and Recommendations. Signed by Judge George C Smith on 3-12-09. (ga, )
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION CHARLES Y. WALKER, Plaintiff, vs. RONALD J. O'BRIEN, Franklin County Prosecutor, et al., Defendants. ORDER On February 13, 2009, the Magistrate Judge issued a Report and Recommendation recommending that the motion to dismiss of defendant Ohio Department of Rehabilitation and Correction ("ODRC"), Doc. No. 10, be denied and ordering that plaintiff and defendant ODRC address, within 30 days of the Report and Recommendation, this Court's jurisdiction to entertain plaintiff's claims against this defendant. Although the parties Civil Action 2:08-CV-523 Judge Smith Magistrate Judge King
were advised of the right to object to the Magistrate Judge's Report and Recommendation, and of the consequences of failing to do so, no objections have been filed. The Report and Recommendation is ADOPTED and AFFIRMED. The motion to dismiss filed on behalf of ODRC, Doc. No. 10, is DENIED. Plaintiff and
defendant ODRC are ORDERED to address, within 30 days of the Report and Recommendation, this Court's jurisdiction to entertain plaintiff's claims against this defendant.
IT IS SO ORDERED.
March 12, 2009
/S/ George C. Smith George C. Smith United States District Judge
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