Fisk v. Dayton Police Department et al

Filing 4

DECISON AND ENTRY ADOPTING the Report and Recommendations 3 in full; Plaintiff's claims against the Dayton Police Department, the Dayton Municipal Court, and Magistrate Moorman are DISMISSED with prejudice pursuant to 28 U.S.C. §1915(e)(2 ), Plaintiff's excessive force claim under the Fourth Amendment against Defendants Officers Wombold and Cartte are not dismissed, and the United States Marshal's Office are ORDERED to effect service upon Defendants Wombold and Cartte, under Fed. R. Civ. P. 4(c)(3), once it receives the required forms from the Clerk of Court. All costs of service shall be advanced by the United States. Signed by Judge Thomas M. Rose on 7-13-2016. (de)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
ROBERT FISK,
Plaintiff,
vs.
DAYTON POLICE DEPARTMENT,
et al.,
Defendants.

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Case No. 3:16cv00118
District Judge Thomas M. Rose
Chief Magistrate Judge Sharon L. Ovington

DECISION AND ENTRY
The Court has reviewed the Report and Recommendations of Chief United States
Magistrate Judge Sharon L. Ovington (Doc. #3), to whom this case was originally
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 Report and Recommendations.
Accordingly, it is hereby ORDERED that:
1.

The Report and Recommendations docketed on June 24, 2016 (Doc. #3) is
ADOPTED in full;

2.

Plaintiff’s claims against the Dayton Police Department, the Dayton
Municipal Court, and Magistrate Moorman are DISMISSED with prejudice
pursuant to 28 U.S.C. §1915(e)(2);

3.

Plaintiff’s excessive force claim under the Fourth Amendment against
Defendants Officers Wombold and Cartte are not dismissed; and

4.

The United States Marshal’s Office are ORDERED to effect service upon
Defendants Wombold and Cartte, under Fed. R. Civ. P. 4(c)(3), once it

receives the required forms from the Clerk of Court. All costs of service
shall be advanced by the United States.

July 13, 2016

THOMAS M. ROSE

_______________________
Thomas M. Rose
United States District Judge

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