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BALDERSON v. MOHR, 2:12-cv-235. (2013)

Court: District Court, S.D. Ohio Number: infdco20130605c23 Visitors: 10
Filed: Jun. 04, 2013
Latest Update: Jun. 04, 2013
Summary: ORDER GEORGE C. SMITH, District Judge. Plaintiff Brian Lake Balderson, a state prisoner, brings this prisoner civil rights action pursuant to 42 U.S.C. 1983 against Defendants the State of Ohio, Bradley Eller, Dr. Weidman and Dr. Williams. On February 6, 2013, the United States Magistrate Judge issued a Report and Recommendation (Doc. 40), recommending that this case be dismissed. The parties were specifically advised of their right to object to the Report and Recommendation and of the con
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ORDER

GEORGE C. SMITH, District Judge.

Plaintiff Brian Lake Balderson, a state prisoner, brings this prisoner civil rights action pursuant to 42 U.S.C. § 1983 against Defendants the State of Ohio, Bradley Eller, Dr. Weidman and Dr. Williams. On February 6, 2013, the United States Magistrate Judge issued a Report and Recommendation (Doc. 40), recommending that this case be dismissed. The parties were specifically advised of their right to object to the Report and Recommendation and of the consequences of their failure to do so. No objections have been filed.

The Report and Recommendation is hereby ADOPTED and AFFIRMED. Defendants the State of Ohio and Bradley Eller's Motion to Dismiss is hereby GRANTED. Further, Dr. Weidman and Dr. Williams are hereby dismissed without prejudice pursuant to Rule 4(m) of the Federal Rules of Civil Procedure for Plaintiff's failure to obtain service on them.

The Clerk of Court is DIRECTED to enter JUDGMENT for Defendants. This action is hereby DISMISSED.

The Clerk is further instructed to remove documents 39 and 40 from the Court's pending motions list.

IT IS SO ORDERED.

Source:  Leagle

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