Marcum v. Duchak et al

Filing 145

DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (DOC. # 144 ); OVERRULING PLAINTIFF'S MOTION FOR RECONSIDERATION (DOC. # 140 ). Based on the reasoning and citations of authority set forth by United States Magistrate Judge Sharon L. Ovington in her June 23, 2021, Report and Recommendations, Doc. # 144 , as well as upon a thorough de novo review of the Court's file and the applicable law, the Court ADOPTS said judicial filing, and OVERRU LES Plaintiff's Motion for Reconsideration, Doc. # 140 , of the Court's March 19, 2018, Decision and Entry dismissing the claims brought against Defendant, Sheriff Dave Duchak, in his individual capacity, Doc. # 49 . Although Plaintiff wa s advised of his right to file Objections to the Report and Recommendations, and of the consequences of failing to do so, no Objections were filed within the time allotted. Only the § 1983 Equal Protection claim brought against Sheriff Duchak in his official capacity remains for trial on April 4, 2022. Signed by Judge Walter H. Rice on 07/14/2021. (bjr)(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
TED MARCUM,
Plaintiff,

v.
SHERIFF DAVE DUCHAK, et al.,

Case No. 3: 17-cv-437
JUDGE WALTER H. RICE

Defendants.

DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE
JUDGE'S REPORT AND RECOMMENDATIONS (DOC. #144);
OVERRULING PLAINTIFF'S MOTION FOR RECONSIDERATION
(DOC. #140)

Based on the reasoning and citations of authority set forth by United States
Magistrate Judge Sharon L. Ovington in her June 23, 2021, Report and
Recommendations, Doc. #144, as well as upon a thorough de novo review of the
Court's file and the applicable law, the Court ADOPTS said judicial filing, and
OVERRULES Plaintiff's Motion for Reconsideration, Doc. #140, of the Court's
March 19, 2018, Decision and Entry dismissing the claims brought against
Defendant Sheriff Dave Duchak in his individual capacity, Doc. #49.
Although Plaintiff was advised of his right to file Objections to the Report
and Recommendations, and of the consequences of failing to do so, no Objections
were filed within the time allotted.

Only the § 1983 Equal Protection claim brought against Sheriff Duchak in
his official capacity remains for trial on April 4, 2022 .

Date: July 14, 2021
WALTER H. RICE
UNITED STATES DISTRICT JUDGE

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