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.)

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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

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