Henricks v. Pickaway Correctional Institution et al

Filing 259

ORDER ADOPTING REPORT AND RECOMMENDATIONS. Signed by Judge George C. Smith on 1/11/16. (lvw)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

JOHN HENDRICKS,
Plaintiff,

vs.

Case No.: 2:08-cv-580
JUDGE SMITH
Magistrate Judge King

PICKAWAY CORRECTIONAL
INSTITUTION, et al.,
Defendants.

ORDER
On December 21, 2015, the United States Magistrate Judge issued a Report and
Recommendation recommending that Defendants’ Motion to Strike be denied and that Plaintiff’s
Motion for Sanctions be denied. Further, Plaintiff’s request for oral argument or evidentiary
hearing on his motion is denied. (See Report and Recommendation, Doc. 251). The parties were
advised of their right to object to the Report and Recommendation. This matter is now before the
Court on Defendants’ Objection to the Magistrate Judge’s Report and Recommendation. (See
Doc. 256). The Court will consider the matter de novo. See 28 U.S.C. § 636(b)(1); Fed. R. Civ.
P. 72(b)(3).
Defendants do not object to the findings and recommendation of the December 21, 2015
Report and Recommendation. However, Defendants object, for purposes of appeal, to the
Court’s notation that “defendants failed to raise [the qualified immunity] defense.” (Doc. 251).
The Court acknowledges Defendants objection for purposes of appeal.

Because Defendants’ objection is merely to preserve an argument for appeal and does not
challenge the reasoning or conclusions of the Magistrate Judge’s Report and Recommendation,
the December 21, 2015 Report and Recommendation, Document 251, is hereby ADOPTED and
AFFIRMED.
The Clerk shall remove Document 251 from the Court’s pending motions list.
IT IS SO ORDERED.
/s/ George C. Smith__________________
GEORGE C. SMITH, JUDGE
UNITED STATES DISTRICT COURT

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