Day v. DeLong et al
DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE OVINGTON 47 , OVERRULING DEFENDANTS' OBJECTIONS TO THE MAGISTRATE'S REPORT AND RECOMMENDATIONS, 48 , AND DENYING MOTION FOR JUDGMENT ON THE PLEADINGS 30 . Signed by Judge Thomas M. Rose on 1-10-2018. (de)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
Case No. 3:16-cv-437
Judge Thomas M. Rose
Kim DeLong, et al.,
RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE
OVINGTON (DOC. 47), OVERRULING DEFENDANTS’ OBJECTIONS
TO THE MAGISTRATE=S REPORT AND RECOMMENDATIONS, (DOC.
48), AND DENYING MOTION FOR JUDGMENT ON THE PLEADINGS.
The instant action brings claims of constitutional violations under 42 U.S.C. § 1983 and
various state law claims. (Doc. 1). Pending before the Court are Defendants’ Objections to
Magistrate Judge Sharon Ovington’s Report and Recommendations. (Doc. 48). The Report and
Recommendations of United States Magistrate Judge Sharon L. Ovington, (Doc. 47), recommends
that the Court deny Defendants’ Motion for Judgment on the Pleadings. (Doc. 30).
As required by 28 U.S.C. ' 636(b) and Federal Rule of Civil Procedure 72(b), the Court has
made a de novo review of the record in this case. Upon said review, the Court finds that
Defendants’ objections, (Doc. 48), to the Magistrate Judge=s Report and Recommendations, (Doc.
47), are not well taken and they are hereby OVERRULED. Wherefore, the Court ADOPTS IN
FULL the Magistrate Judge=s Report and Recommendations. (Doc. 47). Defendants’ Motion for
Judgment on the Pleadings (Doc. 30) is DENIED.
DONE and ORDERED this Wednesday, January 10, 2018.
s/Thomas M. Rose
THOMAS M. ROSE
UNITED STATES DISTRICT JUDGE
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