Rogers v. Reed et al

Filing 63

OPINION and ORDER adopting 61 the Report and Recommendation; denying 57 Defendants' Motion for Reconsideration. Signed by Judge Michael H. Watson on 11/9/18. (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

Alterik Rogers,
Plaintiff,
V.

Case No. 2:14-cv-2750

Sgt. Manard Reed, et al.,

Judge Michaei H. Watson

Defendants.

Magistrate Judge Vascura
OPINION AND ORDER

This case had previously been stayed pending resolution of a state-court
matter, State v. Rogers, Case No. 14CR00012, In the Jefferson County Court of
Common Pleas. See ECF No. 53. Upon resolution of the state court case, Sgt.

Manard Reed and Officer Thompson ("Defendants") moved for reconsideration of
the Court's denial of summary judgment, asserting that Plaintiff Alterik Rogers'

("PlalntlfT) conviction of menacing by stalking prevented Plaintiff from further
litigating his excessive force claims against them. ECF No. 57. On October 12,
2018, the Magistrate Judge Issued a Report and Recommendation (R&R)
recommending that Defendant's motion for reconsideration be denied. ECF No.
61.

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). R&R 9-10, ECF No. 61. The R&R further
advised the parties that the failure to object to the R&R within fourteen days

would result In a waiver ofthe right to de nova review by the District Judge and

waiver of the right to appeai the decision of the District Court adopting the R&R.

Id. The deadiine for fiiing such objections has passed, and no objections were
fiied.

Having received no objections, the R&R is ADOPTED. Defendants'
motion for reconsideration, EOF No. 57, is DENIED. Moreover, because the

state court case has been resoived and the Magistrate Judge has vacated the

stay, the Court wiii proceed to triai on PiaintifTs remaining claims against
Defendants.

IT IS SO ORDERED.

MICHAEL H. WATSON, JUDGE
UNITED STATES DISTRICT COURT

Case No. 2:14-cv-2750

Page 2 of 2