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Pryor v. Hurley

September 21, 2006

ANTHONY PRYOR, ET AL., PLAINTIFFS,
v.
PAT HURLEY, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Judge John D. Holschuh

Magistrate Judge Norah McCann King

ORDER AND OPINION

This is an action under 42 U.S.C. § 1983 by Anthony Harper ("plaintiff"), an inmate at the Ross Correctional Institution in Chillicothe, Ohio. On August 16, 2006, United States Magistrate Judge King issued a Report and Recommendation, Doc. No. 32, in which she recommended that Defendants' Motion to Dismiss, Doc. No. 10, filed by the defendant employees of the Ohio Department of Rehabilitation and Correction, be granted and that the Motion to Dismiss of Defendants Abby Minnix, Deputy Clerk of Courts and Robert Vaughn, Case Management Counsel, Doc. No. 5, be denied as moot. This matter is currently before the Court on Plaintiff's Objection to the Report and Recommendation, Doc. No. 38.

In Plaintiff's Objection to the Report and Recommendation, plaintiff does nothing more than reiterate the arguments previously presented to and rejected by the magistrate judge and express his disagreement with her conclusions. Pursuant to 28 U.S.C. 636(b)(1), this Court has conducted a de novo review of the Report and Recommendation and concludes that the analyses and conclusions of the Magistrate Judge are correct. Thus, for the reasons set forth in the Report and Recommendation, Plaintiff's Objection to the Report and Recommendation, Doc. No. 38, is OVERRULED. The Report and Recommendation, Doc. No. 32, is hereby ADOPTED AND AFFIRMED.

The pending motions to dismiss, Document Nos. 5, 10, are GRANTED.

John D. Holschuh, Judge United States District Court

20060921

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