Richardson v. TI Automative Group Systems et al

Filing 24

DECISION AND ORDER ADOPTING REPORT AND RECOMMENDATIONS 20 , and DENYING PLAINTIFF'S MOTIONS TO CLARIFY 18 and 19 . Signed by Judge Thomas M. Rose on 1-12-2018. (de)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON

Earl Richardson,
Plaintiff,
Case No. 3:17-cv-226
Judge Thomas M. Rose
Mag. Judge Michael J. Newman

v.

TI Automotive Group Systems, et al.,
Defendants.

DECISION
AND
ORDER
ADOPTING
REPORT
AND
RECOMMENDATIONS, (ECF 20), AND DENYING PLAINTIFF’S
MOTIONS TO CLARIFY. (ECF 18, 19).

This case is before the Court on Magistrate Judge Michael J. Newman’s Report and
Recommendations, (ECF 20), Plaintiff Earl Richardson's Motion to Clarify (ECF 18) and Second
Motion to Clarify, (ECF 19).
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 the
motions, (ECF 18 & 19), are not well taken and they are hereby DENIED. Wherefore, the Court
ADOPTS IN FULL the Magistrate Judge=s Report and Recommendations. (ECF 20.) The case
remains terminated.1

1 The Court notes that Plaintiff has filed a Notice of Appeal. ECF 21. “[A] district court presented with a Rule 60(b)
motion after a notice of appeal has been filed should consider the motion and assess its merits. It may then deny the
motion or indicate its belief that the arguments raised are meritorious. If the district court selects the latter course, the
movant may then petition the court of appeals to remand the matter so as to confer jurisdiction on the district court to
grant the motion.” Mahone v. Ray, 326 F.3d 1176, 1180 (11th Cir. 2003) (citing Bovee v. Coopers & Lybrand, C.P.A.,
272 F.3d 356, 359 n. 1 (6th Cir. 2001)). Here, no remand is necessary, as the motion is denied.

DONE and ORDERED this Friday, January 12, 2018.

s/Thomas M. Rose
________________________________
THOMAS M. ROSE
UNITED STATES DISTRICT JUDGE

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