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Ealy v. Gehres

August 21, 2006

LARRY EALY, PLAINTIFF,
v.
JUDGE DANIEL GEHRES, ET AL., DEFENDANT.



The opinion of the court was delivered by: District Judge Thomas M. Rose

Chief Magistrate Judge Michael R. Merz

ORDER ADOPTING SUPPLEMENTAL REPORT AND RECOMMENDATIONS

The Court has reviewed the Supplemental Report and Recommendations of United States Magistrate Judge Michael R. Merz (Doc. #7), 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 on August 18, 2006, hereby ADOPTS said Supplemental Report and Recommendations.

It is therefore ORDERED that as to any claims against the City of Dayton or the Clerk of the Dayton Municipal Court, it is respectfully recommended that the Complaint be dismissed without prejudice for failure to state a claim upon which relief can be granted and all claims against the Montgomery County Jail be dismissed with prejudice as barred by the statute of limitations.

Thomas M. Rose United States District Judge

20060821

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