Daugherty v. Timmerman-Cooper et al

Filing 31

ORDER - The Court ADOPTS 27 Report and Recommendations. Defendants' Motion for Judgment on the Pleadings is GRANTED. (ECF No. 23 ) Signed by Senior Judge Peter C Economus on 12/14/2011. (jr1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
MICHAEL DAUGHERTY,
Plaintiff,
Civil Action 2:10-cv-01069
Judge Peter C. Economus
Magistrate Judge E.A. Preston Deavers

v.

WARDEN DEBORAH
TIMMERMAN-COOPER, et al.,
Defendants.
ORDER
This matter is before the Court for consideration of the November 17, 2011 Report and
Recommendation of the Magistrate Judge. (ECF No. 27.) The Magistrate Judge recommended
that the Court grant Defendants’ Motion for Judgment on the Pleadings and dismiss Defendants
Ernie Moore and Deborah Timmerman-Cooper.
The Report and Recommendation of the Magistrate Judge specifically advised the parties
that failure to object to the Report and Recommendation within fourteen days 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 6, ECF No. 27.) 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,

Defendants’ Motion for Judgment on the Pleadings is GRANTED. (ECF No. 23.) Defendants
Ernie Moore and Deborah Timmerman-Cooper are DISMISSED. As Defendants Moore and
Timmerman-Cooper were the last remaining Defendants in this case, the Clerk is DIRECTED to
remove this action from the Court’s pending case list.
IT IS SO ORDERED.

/s/ Peter C. Economus - December 14, 2011
UNITED STATES DISTRICT JUDGE

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