Lane v. Wexford Health Sources (Contreator) et al

Filing 84

OPINION and ORDER adopting 81 the Report and Recommendation, denying 74 , 76 and 78 Plaintiff's Motions to Dismiss; denying 83 Plaintiff's Motion for Writ of Mandamus. Signed by Judge Michael H. Watson on 4/18/14. (jk1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

William L. Lane,
Plaintiff,

v.

Case No. 2:10-cv-389

Wexford Health Sources,

Judge Michael H. Watson

(Contreator), et al.,
Defendants.

OPINION AND ORDER
Plaintiff filed this prisoner civil rights action under 42 U.S.C. § 1983 on April
29, 2010. The Court issued an opinion and order, as well as final judgment,
dismissing this action on August 12, 2011. ECF Nos. 68 & 69. Plaintiff appealed.
The Sixth Circuit Court of Appeals affirmed the judgment of this Court on January
8, 2013 and issued a mandate to that effect on January 31, 2013. ECF Nos. 72 &
73.
Since the Sixth Circuit issued its mandate, Plaintiff has filed three motions
to dismiss this action. ECF Nos. 74, 76, and 83. He also filed a petition for a writ
of mandamus to compel the Court to rule on his motions to dismiss. ECF No. 83.
On March 27, 2014, the Magistrate Judge issued a report and recommendation
("R&R") recommending that the Court deny Plaintiff's motions to dismiss. ECF

No. 81. In his R&R, the Magistrate Judge identified the chief flaw in Plaintiff's
motions: final judgment was already entered in this case so there is no legal basis
to enter a second order or judgment dismissing Plaintiff's claims. R&R 2, ECF
No. 81.
The Magistrate Judge warned the parties of the consequences of failing
timely to file objections to the R&R. To date, Plaintiff has not filed any objections
and the time to do so has passed. Accordingly, the Court ADOPTS the
Magistrate Judge's March 27, 2014 R&R and DENIES Plaintiff's motions to
dismiss. The Court also DENIES Plaintiff's petition for a writ of mandamus as
moot.
The Clerk shall remove ECF Nos. 74, 76, 78, and 83 from the Civil Justice
Reform Act motions report.
IT IS SO ORDERED.

M CHAEL H. WATSON, JUDGE
United States District Court

Page 2 of 2