Cleare v. Jenkins et al

Filing 64

ORDER REINSTATING ORDER ADOPTING REPORT AND RECOMMENDATIONS. This case is DISMISSED with PREJUDICE. Signed by Judge Algenon L. Marbley on 8/3/2017. (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
RODERICK CLEARE,

:
:
Plaintiff,
:
:
v.
:
:
WARDEN CHARLOTTE JENKINS, et al., :
:
Defendants.
:

Case No. 2:15-cv-2295
JUDGE ALGENON L. MARBLEY
Magistrate Judge Jolson

ORDER
This matter is before the Court sua sponte. On July 12, 2017, this Court withdrew its
Order adopting Magistrate Judge Jolson’s Report and Recommendation upon learning that, due
to his transfer to a different correctional facility, Plaintiff Roderick Cleare had not received the
Report and Recommendation and therefore did not have an opportunity to object to same. The
Court allowed Cleare 14 additional days to file objections to the Report and Recommendation,
and cautioned Cleare that his failure to timely file objections would result in the Court reinstating
its Order adopting the Report and Recommendation. (See Doc. 63.)
Because Cleare has again failed to timely object to Judge Jolson’s Report and
Recommendation, the Court hereby REINSTATES its Order adopting the Report and
Recommendation. This case is DISMISSED with PREJUDICE.

IT IS SO ORDERED.
s/ Algenon L. Marbley
ALGENON L. MARBLEY
UNITED STATES DISTRICT JUDGE
DATED: August 3, 2017