Marshall v. Ohio Department of Rehabilitation & Corrections et al

Filing 116

ORDER adopting 113 the Report and Recommendation; granting 94 Defendant Governor John R. Kasich's Motion to Dismiss. Signed by Judge Michael H. Watson on 5/24/16. (jk) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

Kenneth Marshall,

Plaintiff,

Case No. 2:14-cv-338

v.

Judge Michael H. Watson
Magistrate Judge Kemp

Ohio Department of Rehabilitation
& Corrections, ef a/.,
Defendants.
ORDER

On April 27,2016, United States Magistrate Judge Kemp, to whom this case

was referred pursuant to 28 U.S.C. § 636(b)(1 )(B) and General Order 95-2 for the
Southern District of Ohio Eastern Division of Columbus, filed a Report and

Recommendation ("R&R), ECF No. 113, concerning the disposition of Plaintiffs
amended complaint, ECF No. 8, in this prisoner's civil rights case. The R&R
recommended granting Defendant Governor John R. Kasich's motion to dismiss,

ECF No. 94, and dismissing Plaintiffs amended complaint against him. The R&R
also denied various non-dispositive motions filed by the Plaintiff, ECF Nos. 105,106,
112.

The R&R notified the parties of their right to file objections to the R&R
pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b). The
R&R further specifically advised the parties that the failure to object within fourteen
days would result in a waiver of the right to de novo review by the District Judge and

the right to appeal the decision of the District Judge adopting the R&R. The
deadline for filing such objections was May 16, 2016 and no objections were filed.
Having received no objections, the R&R is ADOPTED. Defendant Governor
John R. Kasich's motion to dismiss, ECF No. 94, is GRANTED. The Clerk shall
terminate this case as to Defendant Governor John R. Kasich.
IT IS SO ORDERED.

IaJoPj^
MICHAEL H. WATSON, JUDGE
UNITED STATES DISTRICT COURT

Case No. 2:14-CV-338

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