Elawyers Elawyers
Washington| Change

Thomas v. Rogers, 1:14CV2127. (2018)

Court: District Court, N.D. Ohio Number: infdco20180829d53 Visitors: 2
Filed: Aug. 28, 2018
Latest Update: Aug. 28, 2018
Summary: ORDER CHRISTOPHER A. BOYKO , District Judge . This Court has reviewed the Report and Recommendation (Doc.# 60) of Magistrate Judge David A. Ruiz regarding Defendant's Motion for Summary Judgment (Doc.# 44). The Magistrate Judge recommended that Defendant's Motion for Summary Judgment be granted. FED. R. CIV.P. 72(b) provides that objections to a Report and Recommendation must be filed within fourteen days after service, but Plaintiff has failed to timely file any such objections. Therefor
More

ORDER

This Court has reviewed the Report and Recommendation (Doc.# 60) of Magistrate Judge David A. Ruiz regarding Defendant's Motion for Summary Judgment (Doc.# 44). The Magistrate Judge recommended that Defendant's Motion for Summary Judgment be granted.

FED. R. CIV.P. 72(b) provides that objections to a Report and Recommendation must be filed within fourteen days after service, but Plaintiff has failed to timely file any such objections. Therefore, the Court must assume that Plaintiff is satisfied with the Magistrate Judge's recommendation. Any further review by this Court would be a duplicative and inefficient use of the Court's limited resources. Thomas v. Arn, 728 F.2d 813 (6th Cir. 1984), aff'd, 474 U.S. 140 (1985); Howard v. Secretary of Health and Human Services, 932 F.2d 505 (6th Cir. 1991); United States v. Walters, 638 F.2d 947 (6th Cir.1981).

Therefore, the Court adopts in full the Report and Recommendation (Doc.# 60) and Defendant's Motion for Summary Judgment (Doc. #44) is granted. Additionally, Plaintiff's sub-claims under the Eighth Amendment conditions of confinement claim are dismissed for failure to exhaust.

IT IS SO ORDERED.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer