ADAMS v. SPARKS, 1:12cv219. (2013)
Court: District Court, S.D. Ohio
Number: infdco20130614e25
Visitors: 7
Filed: Jun. 13, 2013
Latest Update: Jun. 13, 2013
Summary: ORDER SUSAN J. DLOTT, Chief District Judge. The Court has reviewed the Report and Recommendation of United States Magistrate Judge Karen L. Litkovitz filed on May 24, 2013 (Doc. 56), to whom this case was referred pursuant to 28 U.S.C. 636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed. R. Civ. P. 72(b) expired June 10, 2013, hereby ADOPTS said Report and Recommendation. Accordingly, plaintiff's motion to dismiss pursuant to R
Summary: ORDER SUSAN J. DLOTT, Chief District Judge. The Court has reviewed the Report and Recommendation of United States Magistrate Judge Karen L. Litkovitz filed on May 24, 2013 (Doc. 56), to whom this case was referred pursuant to 28 U.S.C. 636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed. R. Civ. P. 72(b) expired June 10, 2013, hereby ADOPTS said Report and Recommendation. Accordingly, plaintiff's motion to dismiss pursuant to Ru..
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ORDER
SUSAN J. DLOTT, Chief District Judge.
The Court has reviewed the Report and Recommendation of United States Magistrate Judge Karen L. Litkovitz filed on May 24, 2013 (Doc. 56), to whom this case was referred pursuant to 28 U.S.C. §636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed. R. Civ. P. 72(b) expired June 10, 2013, hereby ADOPTS said Report and Recommendation.
Accordingly, plaintiff's motion to dismiss pursuant to Rule 41(a)(2) (Doc. 53) is DENIED and this case is DISMISSED without prejudice, subject to reinstatement on the docket of the Court upon a determination by the Ohio Court of Claims that the defendant officers' conduct was manifestly outside the scope of their employment or that the defendant officers acted with a malicious purpose, in bad faith, or in a wanton or reckless manner.
IT IS SO ORDERED.
Source: Leagle
