Al-Mosawi v. Mohr et al

Filing 33

ORDER ADOPTING REPORT AND RECOMMENDATIONS and GRANTING Defendants 29 Motion for Summary Judgment. DIRECTING the Clerk to enter Judgment for defendants Mohr and Robinson. this action is DISMISSED. Signed by Judge Algenon L. Marbley on 2/25/2013. (cw)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

Mahdi Al Mosawi,
Plaintiff
v.
Director Gary Mohr, et al.,
Defendant

:
:

Civil Action 2:11-cv-01155

:

Judge Marbley

:

Magistrate Judge Abel

:
ORDER
Plaintiff Mahdi Al Mosawi, a state prisoner, brings this action alleging that
defendants were deliberately indifferent to his serious medical needs. This matter is
before the Court on Magistrate Judge Abel's January 16, 2013 Report and
Recommendation that defendants' unopposed January 16, 2013 motion for summary
judgment be granted for plaintiff's failure to exhaust his administrative remedies within
the prison grievance system. In his response to defendants' motion for summary
judgment, plaintiff conceded that he did not exhaust his administrative remedies and
that the motion for summary judgment should be granted on that basis.
Upon de novo review in accordance with the provisions of 28 U.S.C. §636(b)(1)(B),
the Court ADOPTS the Report and Recommendation and GRANTS defendants Ohio
Department of Rehabilitation and Correction ("ODRC") Director Gary Mohr and
Chillicothee Correctional Institution ("CCI") Warden Norm Robinson's September 21,
2012 motion for summary judgment (doc. 29).
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The Clerk of Court is DIRECTED to enter JUDGMENT for defendants Mohr
and Robinson. This action is hereby DISMISSED.

s/Algenon L. Marbley
Algenon L. Marbley
United States District Judge

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