Wallace v. Montgomery County Ohio/Montgomery County Board of Commissioners et al

Filing 24

ENTRY AND ORDER granting 23 Motion to Dismiss With Prejudice by Plaintiff Daryl Wallace - Defendants Montgomery County, Ohio and The MontgomeryCounty Board of Commissioners, Sheriff Phil Plummer, and Jerrid Campbell informed the Court that they d o not oppose Plaintiff's Motion toDismiss. Therefore, the Court GRANTS the Motion to Dismiss and DISMISSES WITH PREJUDICE all of Plaintiff's claims against Defendants in this case. This Order does not terminate the case, however, because the Defendants' cross-claims remain pending. Signed by Judge Thomas M. Rose on 12-8-2017. (de)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON DARYL WALLACE, : Case No. 3:17-cv-00183 : Plaintiff, : Judge Thomas M. Rose : v. : : MONTGOMERY COUNTY, OHIO : And THE MONTGOMERY COUNTY : BOARD OF COMMISSIONERS, et al., : : Defendants. : ______________________________________________________________________________ ENTRY AND ORDER GRANTING MOTION TO DISMISS WITH PREJUDICE (DOC. 23) BY PLAINTIFF DARYL WALLACE ______________________________________________________________________________ This case is before the Court on the Motion to Dismiss With Prejudice (Doc. 23) filed by Plaintiff Daryl Wallace (“Plaintiff”). On December 7, 2017, during a scheduled status conference, Defendants Montgomery County, Ohio and The Montgomery County Board of Commissioners, Sheriff Phil Plummer, and Jerrid Campbell (together, “Defendants”) informed the Court that they do not oppose Plaintiff’s Motion to Dismiss. Therefore, pursuant to Fed. R. Civ. P. 41(a)(2), the Court GRANTS the Motion to Dismiss (Doc. 23) and DISMISSES WITH PREJUDICE all of Plaintiff’s claims against Defendants in this case. This Order does not terminate the case, however, because the Defendants’ cross-claims remain pending. DONE and ORDERED in Dayton, Ohio, this Friday, December 8, 2017. s/Thomas M. Rose ________________________________ THOMAS M. ROSE UNITED STATES DISTRICT JUDGE

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