govinfo:USCOURTS-ohsd-3_24-cv-00252-5

UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF OHIO 
WESTERN DIVISION AT DAYTON 
 
 
 
 
Caleb Whitfield,   
 
Plaintiff,             Case No. 3:24-cv-252 
v.              District Judge Thomas M. Rose   
        Magistrate Judge Karen L. Litkovitz 
 
Corrections Officer Runyan,  
Individual and Official Capacity, et al.,         
        
       
Defendants. 
 
___________________________________________________________________________ 
 
ENTRY AND ORDER ADOPTI NG THE REPORT AND 
RECOMMENDATION OF THE MA GISTRATE JUDGE (DOC. 45), 
GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGEMENT 
(DOC. 33), DENYING PLAINTIFF’S MOTION TO AMEND (DOC. 43) 
AND TERMINATING CASE.  
___________________________________________________________________________ 
 
This matter is before the Court on the Report and Recommendation filed by the 
Magistrate Judge. (Doc. 45.) On December 3, 2025, Defendants moved for summary 
judgement on all claims in this case. (Doc. 33.) Plaintiff responded with a motion for leave to 
amend his complaint. (Doc. 43.) On April 27, 2026, Magistrate Judge Karen L. Litkovitz 
recommended that the Defendants’ motion for summary judgment (Doc. 33) be granted, that 
Plaintiff's motion to amend the complaint (Doc. 43) be denied, and that the Court certify that 
any appeal of an Order adopting the Report and Recommendation would not be taken in good 
faith. (Doc. 45.) Plaintiff has objected to the Report and Recommendation. (Doc. 46.)  
Case: 3:24-cv-00252-TMR-KLL Doc #: 48 Filed: 05/28/26 Page: 1 of 2  PAGEID #: <pageID>
 
 
2 
The Court has reviewed the findings of the Magistrate Judge. Pursuant to 28 U.S.C. § 
636(b) and Fed. R. Civ. P. 72(b), this Court has made a de novo review of the record in this 
case. Upon consideration of the foregoing, the Court ADOPTS the Report and 
Recommendation (Doc. 45) in its entirety. Defendants’ Motion for Summary Judgment (Doc. 
33) is GRANTED, Plaintiff's Motion to Amend the Complaint (Doc. 43) is DENIED. The 
Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal of this Order would not be 
taken in good faith. The captioned cause is hereby ordered TERMINATED upon the docket 
records of the United States District Court for the Southern District of Ohio, Western 
Division, at Dayton. 
DONE and ORDERED this Thursday, May 28, 2026.          
       
        
    s/THOMAS M. ROSE  
__________________________________    
     
THOMAS M. ROSE 
UNITED STATES DISTRICT JUDGE 
 
 
Case: 3:24-cv-00252-TMR-KLL Doc #: 48 Filed: 05/28/26 Page: 2 of 2  PAGEID #: <pageID>

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