Smith v. City of Dayton Public Schools et al

Filing 18

ORDER ADOPTING REPORT AND RECOMMENDATIONS - Accordingly, it is hereby ORDERED that Plaintiffs Title VII claims be DISMISSED without prejudice but without leave to amend and the balance of the case REMANDED to the Montgomery County Common Pleas Court. Signed by Judge Thomas M Rose on 06/07/10. (pb1)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON Stephen E. Smith, Plaintiff, - vs City of Dayton Public Schools, et al., Defendants. : : : : : Case No. 3:10-cv-98 District Judge Thomas M. Rose Magistrate Judge Michael R. Merz ORDER ADOPTING REPORT AND RECOMMENDATIONS The Court has reviewed the Supplemental Report and Recommendations of United States Magistrate Judge Michael R. Merz (Doc. #17) , to whom this case was referred pursuant to 28 U.S.C. § 636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed. R. Civ. P. 72(b) has expired, hereby ADOPTS said Supplemental Report and Recommendations. Accordingly, it is hereby ORDERED that Plaintiff's Title VII claims be DISMISSED without prejudice but without leave to amend and the balance of the case REMANDED to the Montgomery County Common Pleas Court. June 7, 2010 *s/THOMAS M. ROSE Thomas M. Rose United States District Judge

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