Johnson v. Muskingum Co. Sheriff's Dept. et al

Filing 74

ORDER adopting 60 the Report and Recommendation; denying 46 and 47 Defendants' Motions to Dismiss for Lack of Prosecution; granting in part and denying in part 48 Plaintiff's Motion not to Dismiss for Lack of Prosecution and for Referral to a Laywer. Signed by Judge Michael H. Watson on 4/4/14. (jk1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
Jeffery A. Johnson,
Plaintiff,

v.

Case No. 2:13-cv-25

Muskingum Co. Sheriff's
Dept., eta/.,

Judge Michael H. Watson

Defendants.
ORDER
Plaintiff brings this prisoner civil rights action under 42 U.S.C. § 1983 and
state law. Plaintiff alleges that he choked on an apple stem when he was eating
apple crisp while he was detained at the Muskingum County jail. He avers that
while he was choking on the stem, he stumbled, and his head struck the jail cell's
bars, causing him to lose consciousness. Plaintiff asserts that when he regained
consciousness, he experienced a great deal of pain and requested medical
treatment, but his request was denied.
On December 11, 2013, the U.S. Magistrate Judge issued an Order and
Report and Recommendation ("R&R"), ECF No. 60, in which she recommended
that Defendants' motions to dismiss for lack of prosecution, ECF. Nos. 46 and 47,
be denied. /d. at 9, PAGEID # 298. She also recommended that Plaintiff's
motion not to dismiss for lack of prosecution and for referral to a lawyer, ECF. No.
48, be granted to the extent that it asks the Court not to dismiss his claims for

failure to prosecute but denied without prejudice to the extent Plaintiff requests
appointment of counsel. /d.
The Magistrate Judge expressly warned the parties of the consequences of
failing timely to object to the Report and Recommendation. No objections have
been filed to date, and the deadline to file objections has now expired. The Court

ADOPTS the Magistrate Judge's December 11, 2013 R&R, ECF No. 60
Accordingly, the Court DENIES Defendants' motions to dismiss for lack of
prosecution, ECF Nos. 46 and 47, GRANTS Plaintiff's motion not to dismiss for
lack of prosecution and for referral to a lawyer, ECF No. 48 to the extent the
motion requests that Plaintiff's claims not be dismissed for lack of prosecution,
but DENIES that motion WITHOUT PREJUDICE to the extent Plaintiff seeks
appointment of counsel.
The Clerk shall remove ECF Nos. 46, 47, 48, and 60 from the Civil Justice
Reform Act motions report.
IT IS SO ORDERED.

I HAEL H. WAT ON, JUDGE
UNITED STATES DISTRICT COURT

Case No 2:13-cv-25

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