Pompos v. Community Health Centers of Greater Dayton et al

Filing 18

ENTRY AND ORDER OVERRULING POMPOS' OBJECTIONS 17 TO THE CHIEF MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS; ADOPTING THE CHIEF MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS 15 IN ITS ENTIRETY; DENYING POMPOS' MOTION FOR DEFAULT JUDGMENT 5 AS MOOT; DENYING POMPOS' MOTION TO RETURN CASE TO MONTGOMERY COUNTY COURT OF COMMON PLEAS 6 ; GRANTING DEFENDANTS' MOTION TO DISMISS 10 ; AND TERMINATING THIS CASE. Signed by Judge Thomas M Rose on 11/8/13. (ep)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
CHARLES A. POMPOS,
Case No. 3:13-cv-208
Plaintiff,
Judge Thomas M. Rose
Chief Magistrate Judge Sharon L. Ovington

-vCOMMUNITY HEALTH CENTERS
OF GREATER CINCINNATI, et al.,

Defendants.
______________________________________________________________________________
ENTRY AND ORDER OVERRULING POMPOS’ OBJECTIONS (Doc.
#17) TO THE CHIEF MAGISTRATE JUDGE’S REPORT AND
RECOMMENDATIONS; ADOPTING THE CHIEF MAGISTRATE
JUDGE’S REPORT AND RECOMMENDATIONS (Doc. #15) IN ITS
ENTIRETY; DENYING POMPOS’ MOTION FOR DEFAULT
JUDGMENT (Doc. #5) AS MOOT; DENYING POMPOS’ MOTION TO
RETURN CASE TO MONTGOMERY COUNTY COURT OF COMMON
PLEAS (Doc. #6); GRANTING DEFENDANTS’ MOTION TO DISMISS
(Doc. #10); AND TERMINATING THIS CASE
______________________________________________________________________________
Pro Se Plaintiff Charles A. Pompos (“Pompos”) brought this action against Defendants
Community Health Centers of Greater Dayton, Corwin Nixon Health Center and D.O. Suzann K
Franer (hereinafter “the Defendants”) alleging what appears to be medical malpractice. Pompos’
Complaint was originally filed in the Court of Common Pleas of Montgomery County, Ohio, and
was subsequently removed to this Court by the Defendants. (Doc. #1.) Pompos then filed a
Motion for Default Judgement (doc. #5) and a Motion To Return Case To the Montgomery
County Common Pleas Court (doc. #6). The Defendants filed a Motion To Dismiss. (Doc. #10.)
On October 2, 2013, Chief Magistrate Judge Sharon L. Ovington issued a Report and
Recommendations recommending that Pompos’ Motion for Default Judgment and his Motion To
Return Case To the Montgomery County Common Pleas Court be denied and that the

Defendants’ Motion To Dismiss be granted. Pompos subsequently objected to this Report and
Recommendations. (Doc. #17.) The time has run and the Defendants have not responded to
Pompos’ Objections. This matter is, therefore, ripe for decision.
As required by 28 U.S.C. §636(b) and Federal Rules of Civil Procedure Rule 72(b), the
District Judge has made a de novo review of the record in this case. Upon said review, the Court
finds that Pompos’ Objections to the Chief Magistrate Judge’s Report and Recommendations are
not well-taken, and they are hereby OVERRULED. The Chief Magistrate Judge’s Report and
Recommendations is adopted in its entirety.
Pompos’ Motion for Default Judgment is denied as being moot. Pompos’ Motion To
Return Case To the Montgomery County Common Pleas Court is denied. Defendants’ Motion
To Dismiss is granted. Finally, the captioned cause is hereby ordered terminated upon the docket
records of the United States District Court for the Southern District of Ohio, Western Division,
at Dayton.
DONE and ORDERED in Dayton, Ohio, this Eighth Day of November, 2013.
s/Thomas M. Rose
_______________________________
THOMAS M. ROSE
UNITED STATED DISTRICT JUDGE
Copies furnished to:
Counsel of Record
Charles A. Pompos at his last address of record

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