Heid et al v. Hooks et al

Filing 33

ORDER granting in part and denying in part 19 Motion to Dismiss for Failure to State a Claim; adopting Report and Recommendations re 27 Report and Recommendations. Plaintiffs claims for monetary damages against Defendants in their official cap acities are DISMISSED. Plaintiffs claims for injunctive relief against Defendants in their official capacities may continue. Plaintiffs claims against Defendants in their individual capacities may continue. Signed by Judge Algenon L. Marbley on 4/11/2019. (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
RAY SCOTT HEID, et al.,
Plaintiffs,
v.
MARK HOOKS, et al.,
Defendants.

:
:
:
:
:
:
:
:
:

Case No. 2:17-CV-650
JUDGE ALGENON L. MARBLEY
Magistrate Judge Vascura

ORDER
This matter comes before the Court on the Magistrate Judge’s November 8, 2018 Report
and Recommendation (ECF No. 27). The Magistrate’s R&R recommended that Defendants’
Motion to Dismiss for Failure to State a Claim (ECF No. 19) be granted in part and denied in part.
The Report and Recommendation specifically advised the parties that the failure to object
results in a waiver of the right to have the district judge review the Report and Recommendation
de novo, and also operates as a waiver of the right to appeal the decision of the District Court
adopting the Report and Recommendation. (ECF No. 27 at 8). The parties have failed to file any
objections, and the deadline for objections (November 22, 2018) has lapsed.
The Court hereby ADOPTS the Report and Recommendation based on the independent
consideration of the analysis therein. Defendants’ Motion to Dismiss for Failure to State a Claim
is GRANTED IN PART and DENIED IN PART. Plaintiffs’ claims for monetary damages
against Defendants in their official capacities are DISMISSED. Plaintiffs’ claims for injunctive
relief against Defendants in their official capacities may continue. Plaintiffs’ claims against
Defendants in their individual capacities may continue.

IT IS SO ORDERED.
s/ Algenon L. Marbley
ALGENON L. MARBLEY
UNITED STATES DISTRICT JUDGE
DATED: April 15, 2019

2