Younker v. Ohio State University Medical Center et al

Filing 10

ORDER ADOPTING REPORT AND RECOMMENDATION 6 in that Plaintiff's claims against Defendants The Ohio State University Medical Center, Paul R. Beery, and the Manufacturer of the Porietex ProGrip Mesh are DISMISSED without prejudice. Signed by Judge Gregory L Frost on 10/26/11. (sem1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

AARON D. YOUNKER,
Plaintiff,
Civil Action 2:11-cv-00749
JUDGE GREGORY L. FROST
Magistrate Judge E.A. Preston Deavers

v.

OHIO STATE UNIVERSITY MEDICAL
CENTER, et al.,
Defendants.

ORDER
This matter is before the Court for consideration of the September 29, 2011 Order and
Report and Recommendation of the Magistrate Judge. (ECF No. 6.) Pursuant to an initial screen
of Plaintiff’s Complaint the Magistrate Judge recommended that the Court dismiss Plaintiff’s
claims against Defendants The Ohio State University Medical Center, Paul R. Beery, and the
Manufacturer of the Porietex ProGrip Mesh without prejudice.1
The Order and 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.” (Order & Report & Recommendation 7, ECF No. 6.) The
time period for filing objections to the Report and Recommendation has expired. No party has

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The Magistrate Judge permitted Plaintiff to proceed on his claim for deliberate
indifference to his serious medical needs against Defendant Stuart Hudson. The record reflects
that Defendant Hudson was served on October 7, 2011.

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,
Plaintiff’s claims against Defendants The Ohio State University Medical Center, Paul R. Beery,
and the Manufacturer of the Porietex ProGrip Mesh are DISMISSED without prejudice. The
Clerk is DIRECTED to terminate these Defendants from this action.
IT IS SO ORDERED.
/s/ Gregory L. Frost
GREGORY L. FROST
UNITED STATES DISTRICT JUDGE

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