Varney v. Collins et al

Filing 23

ORDER ADOPTING the REPORT AND RECOMMENDATION 17 in that the Court denies 10 Motion for Judgment on the Pleadings filed by Terry Collins. Signed by Judge Gregory L Frost on 5/11/10. (sem1)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION VINCENT VARNEY, Plaintiff, v. TERRY COLLINS, Defendant. ORDER This matter is before the Court pursuant to the April 1, 2010 Report and Recommendation of the Magistrate Judge (Doc. #17) recommending the denial of the December 17, 2009 motion of Defendant Terry Collins for judgment on the pleadings (Doc. #10). No party has filed objections to this report and recommendation, and Defendants have subsequently moved for summary judgment. Accordingly, upon de novo review, this Court ADOPTS the Report and Recommendation (Doc. #17) and DENIES Defendant Terry Collins' motion for judgment on the pleadings (Doc. #10). IT IS SO ORDERED. /s/ Gregory L. Frost GREGORY L. FROST UNITED STATES DISTRICT JUDGE Case No. 2:09-cv-576 JUDGE GREGORY L. FROST Magistrate Judge Mark R. Abel