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Becker v. Warden Ross Correctional Institution

September 20, 2006

DALE G. BECKER, PLAINTIFF,
v.
WARDEN ROSS CORRECTIONAL INSTITUTION, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Judge Graham

Magistrate Judge King

ORDER

On August 3, 2006, the United States Magistrate Judge issued a Report and Recommendation recommending that Plaintiff's Motion for Default Judgment, Doc. No. 11, be denied and that Defendants' Motion to Dismiss, Doc. No. 23, be denied. Plaintiff was directed to effect proper service of process, in conformity with S.D. Ohio Civ. R. 4.2, within twenty-eight (28) days of the date of this Report and Recommendation. Plaintiff was cautioned that failure to properly effectuate service of process, as set forth in the Report and Recommendation, could result in dismissal of this action. The parties were specifically advised of their right to object to the Report and Recommendation and of the consequences of their failure to do so. There has nevertheless been no objection to the Report and Recommendation.

The Report and Recommendation is hereby ADOPTED and AFFIRMED. The Plaintiff's Motion for Default Judgment, Doc. No. 11, is DENIED. Defendants' Motion to Dismiss, Doc. No. 23, is likewise DENIED.

It is so ORDERED.

JAMES L. GRAHAM United States District Judge

DATE: September 20, 2006

20060920

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