Gossard v. Warden Madison Correctional Institution et al

Filing 32

ORDER adopting 31 the Report and Recommendation; denying 27 Defendant Ms. Ester's Motion to Dismiss for Failure to State a Claim. Signed by Judge Michael H. Watson on 5/3/16. (jk) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION Don F. Gossard, Plaintiff, Case No. 2:14-cv-1842 v. Judge Michael H. Watson Magistrate Judge Kemp Warden Madison Correctional Institution, ef a/., Defendants. ORDER On March 21,2016, Magistrate Judge Kemp issued a report and recommendation ("R&R") regarding Defendant Ms. Ester's motion to dismiss. R&R, ECF No. 31. Magistrate Judge Kemp recommended the motion be denied. Id. at 8. Magistrate Judge Kemp notified the parties of their right to file objections to the R&R pursuant to 28 U.S.C. ยง 636(b)(1). Id. He also specifically advised the parties that the failure to object to the R&R within fourteen days would result in a waiver of both the right to de novo review by the District Judge and the right to appeal the decision of the District Court adopting the R&R. Id. The deadline for filing such objections has passed, and no objections were filed. Accordingly, the R&R is ADOPTED, and Defendant Ms. Ester's motion to dismiss, ECF No. 27, is DENIED. IT IS SO ORDERED. ICHAEL H. WATSON, JUDGE UNITED STATES DISTRICT COURT

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