Opinion
Case No. 1:17-cv-398
11-21-2017
DAYMOND HAYWOOD, Plaintiff, v. NICHOLAS GIFFORD, et al., Defendants.
Magistrate Judge Karen L. Litkovitz
DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 11)
This case is before the Court pursuant to the Order of General Reference in the United States District Court for the Southern District of Ohio Western Division to United States Magistrate Judge Karen L. Litkovitz. Pursuant to such reference, the Magistrate Judge reviewed the pleadings filed with this Court, and on October 4, 2017, submitted a Report and Recommendation. (Doc. 11). No objections were filed.
As required by 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72(b), the Court has reviewed the comprehensive findings of the Magistrate Judge and considered de novo all of the filings in this matter. Upon consideration of the foregoing, the Court does determine that such Report and Recommendation should be and is hereby adopted in its entirety.
Accordingly:
1. The Report and Recommendation (Doc. 11) is ADOPTED in its entirety;
2. With the exception of Plaintiff's Eighth Amendment claim against Defendant Gifford in his individual capacity, all of Plaintiff's claims are DISMISSED WITH PREJUDICE pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b)(1); and
3. Plaintiff may proceed only with his Eighth Amendment claim against Defendant Gifford in his individual capacity.
IT IS SO ORDERED. Date: 11/21/17
/s/_________
Timothy S. Black
United States District Judge