Younker v. Ohio State University Medical Center et al

Filing 57

ORDER ADOPTING the REPORT AND RECOMMENDATION 46 in that the 16 Motion for Judgment on the Pleadings filed by Stuart Hudson is DENIED. Signed by Judge Gregory L Frost on 5/31/12. (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 April 25, 2012 Order and Report
and Recommendation of the Magistrate Judge. (ECF No. 46.) The Magistrate Judge
recommended that the Court deny Defendant Hudson’s Motion for Judgment on the Pleadings.1
(ECF No. 16.)
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.” (Report & Recommendation 13, ECF No. 46.) The time
period for filing objections to the Order and Report and Recommendation has expired. No party
has objected to the Order and Report and Recommendation.

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The Order and Report and Recommendation also granted in part and denied in part
Plaintiff’s original Motion to Amend. (ECF No. 32.) The Court granted the Motion to the extent
that Plaintiff provided further details regarding his claim against Defendant Hudson and added
Defendant Gary Mohr. The Court denied the Motion to the extent Plaintiff attempted to revive
his claims against The Ohio State university Medical Center and Dr. Paul Berry.

The Court reviewed the Order and 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 Order and Report and Recommendation of the
Magistrate Judge. Accordingly, Defendant Stuart Hudson’s Motion for Judgment on the
Pleadings is DENIED. (ECF No. 16.)
IT IS SO ORDERED.
/s/ Gregory L. Frost
GREGORY L. FROST
UNITED STATES DISTRICT JUDGE

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