Kendrick v. Erdos et al

Filing 67

ORDER ADOPTING REPORT AND RECOMMENDATIONS and denying 54 Plaintiff's "Motion to Enforce court decree for Law Library Access". Signed by Judge Michael R. Barrett on 3/9/2023. (kkz)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

Case: 1:21-cv-00266-MRB-PBS Doc #: 67 Filed: 03/09/23 Page: 1 of 2 PAGEID #: 734

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
Mark Kendrick,
Plaintiff,
v.

Case No. 1:21-cv-00266

Warden Ronald T. Erdos, et al.,

Judge Michael R. Barrett

Defendants.
OPINION & ORDER
This matter is before the Court on the Magistrate Judge's February 10, 2023
Report and Recommendation ("R&R"). (Doc. 65).
Proper notice has been given to the parties under 28 U.S.C. § 636(b)(1)(C),
including notice that the parties would waive further appeal if they failed to file objections
to the R&R in a timely manner. (Doc. 65 PageID 730); see United States v. Walters,
638 F.2d 947 (6th Cir. 1981). During the period to submit objections, Plaintiff filed a
document titled "Motion to reinstate dismissed defendants under O.R.C 2921.45(B) for
conspiring to deprive Plaintiff of civil rights by fraudulent use of the Exhaustion
Requirement of the Prison Litigation Reform Act. Motion Request to Supplement
complaint to add O.R.C 2921.45(B) allegations against dismissed Defendants and
Defendants. Motion Request to present all evidence pertaining to Exhaustion and
obstruction of it by dismissed defendant and evidence of retaliation by Unit manager Oppy
for consideration to add as defendant." (Doc. 66). However, that that filing does not relate
to the recommendation regarding Plaintiff's "Motion to Enforce court decree for Law
Library Access." Compare (Doc. 65 PageID 725-29) (February 10, 2023 R&R), with
(Doc. 66) (Plaintiff's February 23, 2023 Motion). Accordingly, no objections to the R&R

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have been filed, and the time to so file has passed.
It is hereby ORDERED that the R&R (Doc. 65) is ADOPTED in full, and Plaintiff's
"Motion to Enforce court decree for Law Library Access" (Doc. 54) is DENIED.
IT IS SO ORDERED.
_/s Michael R. Barrett_______
Michael R. Barrett, Judge
United States District Court

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