Downton v. Vandemark

MEMORANDUM and ORDER

WALINSKI, District Judge.

This cause came to be heard upon the plaintiff’s objections to a Report & Recommendation of Magistrate James G. Carr. In response to a motion filed by the defendant, the Magistrate recommended the dismissal of the plaintiff’s complaint as untimely. The court rejects the Magistrate’s report, and for the following reasons the complaint is dismissed in part.

I

This suit arises under the Civil Rights Act, 42 U.S.C. § 1983 and the common law of Ohio. Jurisdiction is predicated upon 28 U.S.C. §§ 1331, 1332 and 1343(3). The requisite amount in controversy…