Summary
finding a motion for judgment on the pleadings moot "[g]iven that Plaintiff has filed a Second Amended Complaint"
Summary of this case from Caddell v. CampbellOpinion
Case No. 3:13-cv-272
08-28-2015
DAVID O. COOPER, Plaintiff, v. MONTGOMERY COUNTY, OHIO SHERIFF'S DEPARTMENT, et al., Defendants.
DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION (ECF #72); OVERRULING DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS (DOC. #68) AS MOOT
Based on the reasoning and citations of authority set forth by United States Magistrate Judge Michael J. Newman, in his August 11, 2015, Report and Recommendation (ECF #72), as well as on a thorough de novo review of this Court's file and the applicable law, the Court ADOPTS said judicial filing in its entirety. Although the parties were notified of their right to file Objections to the Report and Recommendation, and of the consequences of failing to do so, no Objections have been filed within the time allotted.
Given that Plaintiff has filed a Second Amended Complaint (ECF #73), the Court OVERRULES AS MOOT Defendants' Motion for Judgment on the Pleadings (ECF #68), which is directed at the First Amended Complaint (ECF #27). Date: August 28, 2015
/s/_________
WALTER H. RICE
UNITED STATES DISTRICT JUDGE