Combs v. Bunting et al

Filing 51

ORDER denying 29 Motion for Interim Injunctive Relief; granting 32 Motion to Dismiss for Failure to State a Claim; adopting Report and Recommendations re 47 Report and Recommendations. The clerk is directed to DISMISS Defendants Bunting, Ch attman, Smith, Ohio Department of Classification, Lisath, Harris, Frazier Hospital Center Healthcare Administrator (Mary Roush), and Pickaway Correctional Institution Librarian (Nnacho Igwe) from this case. Signed by Judge Algenon L. Marbley on 15-702. (cw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
HAROLD COMBS,
Plaintiff,
v.
JASON BUNTING, et al.,
Defendants.

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Case No. 2:15-CV-702

JUDGE ALGENON L. MARBLEY
Magistrate Judge King

ORDER
This matter is before the Court on the United States Magistrate Judge’s Report and
Recommendation. (Doc. 47.) On January 8, 2016, the Magistrate Judge issued the Report and
Recommendation, recommending that Plaintiff’s Motion for Interim Injunctive Relief (Doc. 29)
be denied and Defendants Bunting, Chattman, Smith, Ohio Department of Classification, Lisath,
Harris, Frazier Hospital Center Healthcare Administrator (Mary Roush), and Pickaway
Correctional Institution Librarian (Nnacho Igwe) (“Defendants”) Motion to Dismiss (Doc. 32) be
granted. (Doc. 47 at 14.) The Report and Recommendation specifically advises the parties that
the failure to object to the Report and Recommendation within fourteen days results in “a waiver
of the right to de novo review by the District Judge and waiver of the right to appeal the
judgment of the District Court.” (Id. at 14.) The parties have failed to respond. The deadline
for objections lapsed on January 25, 2016.
The Court hereby ADOPTS the Report and Recommendation based on the independent
consideration of the analysis therein. Accordingly, Plaintiff’s Motion for Interim Injunctive
Relief is DENIED and Defendants’ Motion to Dismiss is GRANTED. The clerk is directed to
DISMISS Defendants Bunting, Chattman, Smith, Ohio Department of Classification, Lisath,

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Harris, Frazier Hospital Center Healthcare Administrator (Mary Roush), and Pickaway
Correctional Institution Librarian (Nnacho Igwe) from this case.
IT IS SO ORDERED.
s/ Algenon L. Marbley
ALGENON L. MARBLEY
UNITED STATES DISTRICT JUDGE
DATED: February 1, 2016

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