McKinney v. Kasich et al
| Daniel P McKinney |
| John R. Kasich, Gary Mohr, Gary Croft, Roger Wilson, Cindy Lawson, OSUMC Director, Kristine Edwards, Joanna J. Factor, Thomas Chai-I Lin, Dr. Perez, M.D., D. Rable, Stephen R. Payne and Anne Berry Strait |
| 2:2015cv02043 |
| May 18, 2015 |
| US District Court for the Southern District of Ohio |
| Columbus Office |
| FRANKLIN |
| Elizabeth Preston Deavers |
| Algenon L. Marbley |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
44
OPINION AND ORDER. The Court OVERRULES Plaintiff's Objections and ADOPTS the Magistrate Judge's November 23, 2015 Report and Recommendation (Doc. 36 ) and the November 24, 2015 Report and Recommendation. (Doc. 37 .) Defendants' Motio ns to Dismiss (Docs. 12 , 17 , 18 , and 19 ) are GRANTED. Plaintiff's claims are hereby DISMISSED. The Clerk is directed to enter Judgment for Defendants. Signed by Judge Algenon L. Marbley on 3/25/2016. (pes)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing
37
ORDER AND REPORT AND RECOMMENDATION re 3 Complaint: The Magistrate Judge RECOMMENDS that Plaintiff's claims against Defendant Lawson in her official capacity be DISMISSED as not cognizable under 42 U.S.C. § 1983. The Magistrate Judge also RECOMMENDS that Plaintiff's claims against Defendant Lawson in her individual capacity under 42 U.S.C. § 1983 be DISMISSED pursuant to 28 U.S.C. § 1915A for failure to state a claim upon which relief can be granted. The Magistr ate Judge further RECOMMENDS that Plaintiff's claims against Defendant Lawson under state tort law be DISMISSED as not cognizable under Ohio law. Given this recommended disposition, the Magistrate Judge hereby VACATES the October 16, 2015 Repo rt and Recommendation 34 , which recommended dismissal of Defendant Lawson for failure to effectuate service under Federal Rule of Civil Procedure 4(m). Objections to R&R due by 12/11/2015. Signed by Magistrate Judge Elizabeth Preston Deavers on 11/24/2015. (mas)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing
36
REPORT AND RECOMMENDATIONS re 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND FOR LACK OF JURISDICTION, 22 MOTION to Stay Discovery, 19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND, 20 MOTION to St ay Discovery, 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Lack of Subject-Matter Jurisdiction, 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction of Defendant Step hen R. Payne: It is RECOMMENDED that Defendants' Motions to Dismiss be GRANTED. Furthermore, Defendants' Motions to Stay Discovery are GRANTED pending final disposition of this Report and Recommendation Objections to R&R due by 12/10/2015. Signed by Magistrate Judge Elizabeth Preston Deavers on 11/23/2015. (mas)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing
34
REPORT AND RECOMMENDATION re 3 Complaint: It is RECOMMENDED that the Court DISMISS Defendant Lawson as a Defendant in this action without prejudice pursuant to Federal Rule of Civil Procedure 4(m) for failure to timely effect service of process. Objections to R&R due by 11/2/2015. Signed by Magistrate Judge Elizabeth Preston Deavers on 10/16/2015. (mas)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing
33
ORDER adopting Report and Recommendations re 30 Report and Recommendations; denying 10 Motion for TRO. Signed by Judge Algenon L. Marbley on 10/2/2015. (cw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing
30
REPORT AND RECOMMENDATION re 10 MOTION for Temporary Restraining Order: It is RECOMMENDED that Plaintiff's Motion for Preliminary Injunction be DENIED. Objections to R&R due by 9/8/2015. Signed by Magistrate Judge Elizabeth Preston Deavers on 8/19/2015. (mas)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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