Williams v. Ohio Department of Rehab and Correction, et al. et al

Filing 29

ORDER ADOPTING REPORT AND RECOMMENDATIONS 28 , Plaintiff's Motion for Leave to Amend 25 is GRANTED and the case proceed only on Plaintiff's Eighth Amendment claims regarding the alleged denial of medical and dental care, Defendants' Motion to Dismiss 20 is DENIED as moot without prejudice to renewal and without prejudice to Defendants' option of filing a Motion for Summary Judgment accompanied by Plaintiff's medical records or other discovery materials. Signed by Judge Thomas M. Rose on 8-22-2018. (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
MELODY L. WILLIAMS,
Plaintiff,
vs.
OHIO DEPARTMENT OF
REHABILITATIONS AND
CORRECTIONS, et al.,
Defendants.

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Case No. 3:16cv00384
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. #28), 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 2, 2018 (Doc. #28) is
ADOPTED in full;

2.

Plaintiff’s Motion for Leave to Amend (Doc. #25) is GRANTED and the
case proceed only on her Eighth Amendment claims regarding the alleged
denial of medical and dental care; and

3.

Defendants’ Motion to Dismiss (Doc. #20) is DENIED as moot without
prejudice to renewal and without prejudice to Defendants’ option of filing a
Motion for Summary Judgment accompanied by Plaintiff’s medical records
or other discovery materials.
August 22, 2018
*s/Thomas M. Rose
_______________________
Thomas M. Rose
United States District Judge