Balderson v. Mohr et al

Filing 42

ORDER ADOPTING REPORT AND RECOMMENDATIONS. Signed by Judge George C Smith on 6-4-13. (ga)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
BRIAN LAKE BALDERSON,
Plaintiff,
CASE NO.: 2:12-cv-235
JUDGE GEORGE C. SMITH
Magistrate Judge Abel

v.

GARY MOHR, et al.,
Defendant.

ORDER
Plaintiff Brian Lake Balderson, a state prisoner, brings this prisoner civil rights action
pursuant to 42 U.S.C. § 1983 against Defendants the State of Ohio, Bradley Eller, Dr. Weidman
and Dr. Williams. On February 6, 2013, the United States Magistrate Judge issued a Report and
Recommendation (Doc. 40), recommending that this case be dismissed. The parties were
specifically advised of their right to object to the Report and Recommendation and of the
consequences of their failure to do so. No objections have been filed.
The Report and Recommendation is hereby ADOPTED and AFFIRMED. Defendants
the State of Ohio and Bradley Eller's Motion to Dismiss is hereby GRANTED. Further, Dr.
Weidman and Dr. Williams are hereby dismissed without prejudice pursuant to Rule 4(m) of the
Federal Rules of Civil Procedure for Plaintiff's failure to obtain service on them.
The Clerk of Court is DIRECTED to enter JUDGMENT for Defendants. This action is
hereby DISMISSED.
The Clerk is further instructed to remove documents 39 and 40 from the Court's pending

motions list.
IT IS SO ORDERED.
/s/ George C. Smith
GEORGE C. SMITH, JUDGE
UNITED STATES DISTRICT COURT

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