Rogers v. Reed et al

Filing 52

ORDER ADOPTING 50 REPORT AND RECOMMENDATIONS, granting in part and denying in part 42 , 47 Motions for Summary Judgment. The malicious prosecution claim is STAYED. Signed by Judge Michael H. Watson on 7/13/2017. (ew)(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

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SOUTHERN DISTRICT OF OHIO

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EASTERN DIVISION

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Alterik Rogers,
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Case No. 2:14-cv-2750

Sgt. Manard Reed, ef al.,

Judge Michael H. Watson

Defendants.

Magistrate Judge Vascura
ORDER

On June 21, 2017, Magistrate Judge Kemp, to whom this case was

referred. Issued a Report and Recommendation ("R&R") recommending the

Court grant In part and deny In part Defendants' motion for summary judgment.
R&R, EOF No. 50.

The R&R advised the parties of their right to file objections to the same
and specifically advised that the failure to timely object would result In a waiver of

the right to de novo review by the Undersigned as well as a waiver of the right to

appeal the decision of the District Court. Id. at 18. The time for filing objections
has passed, and none were filed.

Having received no objections, the Court ADOPTS the R&R and grants In
part and denies In part summary judgment to Defendants. The Court denies
summary judgment to Sgt. Reed and Officer Thompson on Plaintiffs excessive

force claims against them In their Individual capacities and denies summary
judgment to Sgt. Reed on Plaintiffs malicious prosecution claim against him In

his individual capacity. The malicious prosecution claim is STAYED pending
resolution of State v. Rogers, Jefferson County Case No. 14CR012. All other
claims are dismissed. The Clerk shall terminate ECF Nos. 42 and 47.
IT IS SO ORDERED.

MICHAEL H. WATSON, JUDGE
UNITED STATES DISTRICT COURT

Case No. 2:14-cv-2750

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