Eziolisa v. USA

Filing 45

ENTRY AND ORDER OVERRULING EZIOLISAS OBJECTIONS (Doc. #52) TO THE MAGISTRATE JUDGES REPORT AND RECOMMENDATIONS ON EZIOLISAS MOTION TO ALTER OR AMEND THE JUDGMENT ENTERED ON SEPTEMBER 19, 2011; ADOPTING THE MAGISTRATES REPORT AND RECOMMENDATIONS (Doc. #51) IN ITS ENTIRETY; AND DENYING EZIOLISAS MOTION TO ALTER OR AMEND THE JUDGMENT ENTERED ON SEPTEMBER 19, 2011. Signed by Judge Thomas M Rose on 12/2/11. (pb1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON

UNITED STATES OF AMERICA,
Plaintiff,

CHUKWUEMEKA O. EZIOLISA,

Case No. 3-:10-cr-039
also Civil Case No. 3-:11-cv-236
District Judge Thomas M. Rose

Defendant.
Magistrate Judge Michael R. Merz
______________________________________________________________________________
ENTRY AND ORDER OVERRULING EZIOLISA’S OBJECTIONS (Doc. #52) TO THE
MAGISTRATE JUDGE’S REPORT AND RECOMMENDATIONS ON EZIOLISA’S
MOTION TO ALTER OR AMEND THE JUDGMENT ENTERED ON SEPTEMBER 19,
2011; ADOPTING THE MAGISTRATE’S REPORT AND RECOMMENDATIONS (Doc.
#51) IN ITS ENTIRETY; AND DENYING EZIOLISA’S MOTION TO ALTER OR
AMEND THE JUDGMENT ENTERED ON SEPTEMBER 19, 2011
______________________________________________________________________________
This matter is now before the Court pursuant to Objections (doc. #52 in criminal case)
filed by Chukwuemeka O. Eziolisa (“Eziolisa”) to the Report and Recommendations issued on
October 24, 2011, by Magistrate Judge Michael R. Merz. In a previous Entry and Order, this
Court overruled Eziolisa’s Objections to previous Reports and Recommendations (doc. #48) and
adopted the Reports and Recommendations in their entirety. Eziolisa has now filed a Motion To
Alter Or Amend that previous Entry and Order pursuant to Fed. R. Civ. P. 59(e). (Doc. #50.)
Magistrate Judge Merz is now recommending that Eziolisa’s Motion To Alter Or Amend the
previous Entry and Order be denied (Doc. #51) and Eziolisa has Objected to this conclusion
(doc. #52).
The District Judge has reviewed the findings of Magistrate Judge Merz. The District
Judge has also made a de novo review of the record in this case pursuant to 28 U.S.C. § 636(b)

and Fed.R.Civ.P. 72(b). Upon consideration of the foregoing, the Court finds that Eziolisa’s
Objections (doc. #52 in the criminal case) to the Report and Recommendations regarding
Eziolisa’s Motion To Alter Or Amend (doc. #50 in the criminal case) are not well-taken and they
are hereby OVERRULED.
The Magistrate Judge’s Report and Recommendations is ADOPTED in its entirety.
Eziolisa’s Motion To Alter Or Amend Judgment pursuant to Fed. R. Civ. P. 59(e) is DENIED.
DONE and ORDERED in Dayton, Ohio, this Second day of December, 2011.
s/Thomas M. Rose
_____________________________________
THOMAS M. ROSE
UNITED STATES DISTRICT JUDGE
Copies furnished to:
Chukwuemeka O. Eziolisa at his last address of record
Counsel of Record

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