Falls-Bey et al v. Cook et al

Filing 9

ORDER ADOPTING and AFFIRMING the REPORT AND RECOMMENDATION 8 in that the State of Ohio is dismissed from this action. Signed by Judge George C. Smith on 3/23/18. (sem)(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 ROY FALLS-BEY, Plaintiff, Case No.: 2:17-cv-1103 JUDGE GEORGE C. SMITH Magistrate Judge Jolson vs. WARDEN BRIAN COOK, et al., Defendants. ORDER On February 28, 2018, the United States Magistrate Judge issued a Report and Recommendation recommended that Defendant State of Ohio be dismissed from this lawsuit and that Plaintiff be permitted to proceed on his claims against the remaining Defendants. (See Report and Recommendation, Doc. 8). The parties were advised of their right to object to the Report and Recommendation and of the consequences of their failure to do so. There has nevertheless been no objection to the Report and Recommendation. The Report and Recommendation is hereby ADOPTED and AFFIRMED. Defendant, the State of Ohio, is hereby dismissed from this lawsuit. Further, Plaintiff is hereby permitted to proceed on his claims against the remaining Defendants. The Clerk shall remove Document 8 from the Court’s pending motions list. IT IS SO ORDERED. /s/ George C. Smith__________________ GEORGE C. SMITH, JUDGE UNITED STATES DISTRICT COURT

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