Kohus v. Ohio State Highway Patrol et al

Filing 30

DECISION AND ENTRY SUSTAINING IN PART AND OVERRULING IN PART THE OBJECTIONS (DOC. # 23 ) OF PLAINTIFF MATTHEW D. KOHUS TO THE REPORT AND RECOMMENDATIONS (DOC. # 21 ) OF THE MAGISTRATE JUDGE; ADOPTING IN PART AND REJECTING IN PART SAID RECOMMENDATIONS (DOC. # 21 ); SUSTAINING THE MOTION TO DISMISS (DOC. # 6 ) OF DEFENDANT THE OHIO STATE TROOPERS ASSOCIATION, INC.; DISMISSING WITH PREJUDICE PLAINTIFFS BREACH OF CONTRACT CLAIM (COUNT FOUR) AND DISMISSING WITHOUT PREJUDICE ANY CLAIM ALLEGED UNDER 42 U.S.C. § 1983 AGAINST DEFENDANT THE OHIO STATE TROOPERS ASSOCIATION, INC.; PLAINTIFF MAY MOVE THE COURT TO AMEND HIS COMPLAINT WITHIN TWENTY (20) DAYS IN ORDER TO PLEAD A CLAIM UNDER 42 U.S.C. § 1983 AGAINST DEFENDANT THE OHIO STATE TROOPERS ASSOCIATION, INC.; ALL AMENDMENTS MUST TAKE INTO ACCOUNT THE STRICTURES OF RULE 11 OF THE FEDERAL RULES OF CIVIL PROCEDURE.. Signed by Judge Walter H Rice on 1/2/2014. (jdf1)