Hendricks v. Mohr et al

Filing 91

ORDER granting 83 Motion for Summary Judgment; finding as moot 88 Motion to Dismiss for Lack of Prosecution; adopting Report and Recommendations re 89 Report and Recommendations. Signed by Judge James L. Graham on 2/21/2019. (ds)(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
Benjamin Hendricks,
Plaintiff,
v.

Case No. 2:15-cv-3130

Gary Mohr, et al.,
Defendants.
ORDER
On January 10, 2019, the magistrate judge issued a report and
recommendation (Doc. 89) recommending that the defendants’ motion
for summary judgment (Doc. 83) be granted.

On January 28, 2019,

the court entered an order directing plaintiff to file objections
to the report and recommendation no later than February 19, 2019.
The order advised plaintiff that the failure to file objections to
the report and recommendation by that date would result in a waiver
of

the

right

to

have

this

court

review

the

report

and

recommendation de novo, and would operate as a waiver of the right
to appeal the decision of this court adopting the report and
recommendation.

Doc. 90.

The time period for filing objections

has expired, and no objections have been filed to the report and
recommendation.
The court agrees with the recommendation of the magistrate
judge, and hereby adopts the report and recommendation (Doc. 89).
Defendants’ motion for summary judgment (Doc. 83) is granted.
Defendants’ motion to dismiss for failure to prosecute (Doc. 88) is
moot.

The clerk is directed to enter final judgment in favor of

defendants John Gardner, Andrew Eddy, Arthur Hale and Anthony
Ayres.

It is so ordered.

Date: February 21, 2019

s/James L. Graham
James L. Graham
United States District Judge

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