Brunson v. Montgomery County

Filing 28

DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS 26 - The Report and Recommendations docketed on August 3, 2017 26 is ADOPTED in full, the Motion to Withdraw Plaintiff's Pro Se Proposed Amended Complaint and Leave to File Amended Compl aint 23 is granted, in part, and Plaintiff's proposed Amended Complaint 24 is accepted as filed with the exception of Count III, which is dismissed under Fed. R. Civ. P. 12(b)(6), Defendants Motion to Dismiss 9 is denied as moot; and Plaintiff's pro se Motion for Leave to Amend 12 is denied as withdrawn and moot. Signed by Judge Thomas M. Rose on 8-18-2017. (de)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
CLARK BRUNSON, JR.,
Plaintiff,
vs.
MONTGOMERY COUNTY, et al.,
Defendants.

:
:
:
:
:
:
:
:
:

Case No. 3:16cv00368
District Judge Thomas M. Rose
Magistrate Judge Sharon L. Ovington

DECISION AND ENTRY
The Court has reviewed the Report and Recommendations of United States
Magistrate Judge Sharon L. Ovington (Doc. #26), 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 August 3, 2017 (Doc. #26)
is ADOPTED in full;

2.

The Motion to Withdraw Plaintiff’s Pro Se Proposed Amended Complaint
and Leave to File Amended Complaint (Doc. # 23) is granted, in part, and
Plaintiff’s proposed Amended Complaint (Doc. #24) is accepted as filed
with the exception of Count III, which is dismissed under Fed. R. Civ. P.
12(b)(6);

3.

Defendant’s Motion to Dismiss (Doc. #9) is denied as moot; and

4.

Plaintiff’s pro se Motion for Leave to Amend (Doc. #12) is denied as
withdrawn and moot.
*s/Thomas M. Rose
_______________________
Thomas M. Rose
United States District Judge

August 18, 2017

2