Kirk v. Muskingum County Ohio et al

Filing 103

ORDER denying as moot 91 Motion for Summary Judgment; granting 95 Motion for Summary Judgment and directing judgment to enter for defendants Village of Frazeysburg and Officer Jay Schilling and adopting Report and Recommendations re 101 . Signed by Judge James L Graham on 5/16/11. (ds)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

CRAIG MICHAEL KIRK,
Plaintiff,
Civil Action 2:09-cv-00583
Judge James L. Graham
Magistrate Judge E. A. Preston Deavers

v.

MUSKINGUM COUNTY OHIO, et al.,
Defendants.

ORDER
This matter is before the Court for consideration of the April 19, 2011 Report and
Recommendation of the Magistrate Judge. (ECF No. 101.) The Magistrate Judge recommended
that the Court deny the Motion for Summary Judgment by Defendants Matt Lutz, Robert
Stephenson, Shawn Brady, Brad Shawger, John Winters, and John Lane as moot in light of her
grant of a service extension to Plaintiff. The Magistrate Judge further recommended that the
Court grant the Motion for Summary Judgment of Defendants Village of Frazeysburg and
Officer Jay Schilling and enter judgment in favor of Defendants Village of Frazeysburg and
Officer Jay Schilling.
The Report and Recommendation of the Magistrate Judge specifically advises parties that
the failure to object to the Report and Recommendation within fourteen days of the Report
results in a “waiver of the right to de novo review . . . by the District Judge and waiver of the
right to appeal the judgment of the District Court.” (Report & Recommendation 19, ECF No.
101.) The time period for filing objections to the Report and Recommendation has expired. No

party has objected to the Report and Recommendation.
The Court reviewed the Report and Recommendation of United States Magistrate Judge
Elizabeth A. Preston Deavers, to whom this case was referred pursuant to 28 U.S.C. § 636(b).
Noting that no objections have been filed and that the time for filing such objections has expired,
the Court ADOPTS the Report and Recommendation of the Magistrate Judge. Accordingly, the
Court DENIES the Motion for Summary Judgment by Defendants Matt Lutz, Robert
Stephenson, Shawn Brady, Brad Shawger, John Winters, and John Lane (ECF No. 91) as moot.
Furthermore, the Court GRANTS the Motion for Summary Judgment of Defendants Village of
Frazeysburg and Officer Jay Schilling (ECF No. 95), and ENTERS JUDGMENT in favor of
Defendants Village of Frazeysburg and Officer Jay Schilling.
IT IS SO ORDERED.
S/ James L. Graham
James L. Graham
UNITED STATES DISTRICT COURT
Date: May 16, 2011

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