Hurst v. Department of Veterans Affairs et al

Filing 7

DECISION AND ORDER ADOPTING REPORT AND RECOMMENDATIONS, 5 , AND DENYING PLAINTIFF'S OBJECTIONS. 6 . This case is terminated upon the docket of this Court. Signed by Judge Thomas M. Rose on 1-19-2018. (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

Byron T. Hurst, Sr.,
Plaintiff,
Case No. 3:17-cv-356
Judge Thomas M. Rose
Mag. Judge Michael J. Newman

v.

Department of Veterans Affairs, et al.,
Defendants.

DECISION
AND
ORDER
ADOPTING
REPORT
AND
RECOMMENDATIONS, (ECF 5), AND DENYING PLAINTIFF’S
OBJECTIONS. (ECF 6).

This case is before the Court on Magistrate Judge Michael J. Newman’s Report and
Recommendations, (ECF 5), Objection of Plaintiff Byron T. Hurst, Sr. (ECF 6). The Report and
Recommendation suggests dismissing Plaintiff’s employment discrimination claim for failure to
promptly seek administrative remedies.

Plaintiff’s objection confirms that his E.E.O.C.

complaint was late.
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
objection, (ECF 6), is not well taken and is hereby DENIED. Wherefore, the Court ADOPTS IN
FULL the Magistrate Judge=s Report and Recommendations, (ECF 5), and TERMINATES the
instant case from the dockets of the United States District Court for the Southern District of Ohio,
Western Division at Dayton.

DONE and ORDERED this Friday, January 19, 2018.

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

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