Holder v. Powell

Full title: LAWRENCE HOLDER, Plaintiff v. JAMES POWELL, JR., Defendant

Court: United States District Court, S.D. Ohio, Western Division

Date published: Aug 12, 2011

C-1-09-625 (S.D. Ohio Aug. 12, 2011)

Opinion

C-1-09-625.

August 12, 2011

ORDER

HERMAN WEBER, District Judge

This matter is before the Court upon the Report and Recommendation of the United States Magistrate Judge (doc. no. 39) to which neither party has objected.

Upon a de novo review of the record, the Court finds that the Judge has accurately set forth the applicable law and has properly applied it to the particular facts of this case. Accordingly, in the absence of any objection by plaintiff, this Court accepts the Report as uncontroverted.

The Report and Recommendation of the United States Magistrate Judge (doc. no. 39) is hereby ADOPTED AND INCORPORATED HEREIN BY REFERENCE. Defendant's Motion for Summary Judgment (doc. no. 29) is GRANTED.

The Court CERTIFIES pursuant to 28 U.S.C. § 1915(a)(3) that an appeal of any Court Order adopting this Report and Recommendation would not be taken in good faith. See McGore v. Wrigglesworth, 114 F.3d 601 (6^th Cir. 1997).

This case is DISMISSED AND TERMINATED on the docket of this Court.

IT IS SO ORDERED.

Exhibit