Brown v. Warden Ross Correctional Institution, et al.

Filing 154

ORDER ADOPTING the REPORT AND RECOMMENDATION 152 in that 129 Motion for Summary Judgment filed by William E Fuller, Jeanetta Turner, C Spencer, Warden Ross Correctional Institution, Corrections Officer Montgomery, A Lunsford, Dr Krisher, Lieutenant Browning, B Posey, Jeff Lisath, Rich Cockrell, Charlie Heiss, Bill Letts, Albert Price, D Leggs, Michael D. Sheets, Jon Pence and Corrections Officer Sykes is GRANTED and 114 Motion for Summary Judgment filed by Yusuf Brown is DENIED. Signed by Judge Gregory L Frost on 9/11/12. (sem1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
YUSUF BROWN,
Plaintiff,
Civil Action 2:10-cv-822
JUDGE GREGORY L. FROST
Magistrate Judge Elizabeth P. Deavers

v.

WARDEN ROSS CORRECTIONAL
INSTITUTION, et al.,
Defendants.
ORDER
This matter is before the Court for consideration of the United States Magistrate Judge’s
August 15, 2012 Report and Recommendation. (ECF No. 152.) The Magistrate Judge
recommended that the Court deny Plaintiff’s Motion for Partial Summary Judgment and Grant
Defendants’ Cross-Motion for Summary Judgment.
The Report and Recommendation specifically advises Plaintiff that the failure to object to
the Report and Recommendation within fourteen days of the Report results in a “waiver of the
right to de novo review . . . by the District Judge and waiver of the right to appeal the judgment
of the District Court.” (Report and Recommendation 37, ECF No. 152.) The time period for
filing objections to the Report and Recommendation has expired. Plaintiff has not objected to
the Report and Recommendation.
The Court has reviewed the Report and Recommendation. Noting that no objections
have been filed and that the time for filing such objections has expired, the Court ADOPTS the
Report and Recommendation. Accordingly, the Court DENIES Plaintiff’s Motion for Partial
Summary Judgment (ECF No. 114) and GRANTS Defendants’ Cross-Motion for Summary

Judgment. Consistent with the Magistrate Judge’s Report and Recommendation, the Court
DIRECTS the Clerk to enter judgment in Defendants’ favor with regards to Plaintiff’s equal
protection claim against Defendant Warden Jeffreys; his retaliation claims against Defendants
Captain Posey and Lieutenant Lunsford concerning their filing of a false conduct report resulting
in his placement in segregation on September 17, 2010; and his retaliation claims against
Defendant Jeffreys relating to his transfer threats. The remainder of Plaintiff’s claims are
DISMISSED WITHOUT PREJUDICE for failure to exhaust his intra-prison administrative
remedies under the Prison Litigation Reform Act before first presenting them to this Court.

IT IS SO ORDERED.

/s/ Gregory L. Frost
GREGORY L. FROST
UNITED STATES DISTRICT JUDGE

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