Hooghe v. Shaw

Filing 38

ORDER ADOPTING 36 REPORT AND RECOMMENDATIONS - Accordingly, it is further ordered that defendant's motion for summary judgment is granted and his motion for a temporary restraining order is denied. A separate judgment will be entered in accordance with Rule 58 of the Federal Rules of Civil Procedure. Signed by District Judge Tom S. Lee on 3/30/2020 (ND)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
THOMAS J. HOOGHE

PLAINTIFF

VS.

CIVIL ACTION NO. 3:17CV272TSL-LRA

WARDEN FRANK SHAW

DEFENDANT
ORDER

This cause is before the court on the report and
recommendation of Magistrate Judge Linda R. Anderson entered on
February 21, 2020, recommending that defendant’s motion for
summary judgment be granted, plaintiff’s complaint be dismissed
and his motion for a temporary restraining order be denied.
Plaintiff has filed objections.

Having reviewed the report and

recommendation and plaintiff’s objections, the court concludes
that the objections are overruled and hereby adopts, as its own
opinion, the magistrate judge’s report and recommendation.1
Based on the foregoing, it is ordered that the report
and recommendation of United States Magistrate Judge Linda R.
Anderson entered on February 21, 2020, be, and the same is hereby,
adopted as the finding of this court.

Accordingly, it is further

ordered that defendant’s motion for summary judgment is granted
and his motion for a temporary restraining order is denied.

The court notes that there is a rational basis for MDOC’s
nudity policy and many images contained in the 2017 SI Swimsuit
edition constitute nudity under the SOP’s definition.
1

A separate judgment will be entered in accordance with Rule
58 of the Federal Rules of Civil Procedure.
SO ORDERED this 30th day of March, 2020.
/s/Tom S. Lee
UNITED STATES DISTRICT JUDGE