Lott v. The District Court of Southern District of Ohio et al

Filing 30

ORDER denying 27 Motion ; adopting Report and Recommendations re 28 Report and Recommendations.. Signed by Judge Algenon L. Marbley on 2/7/2014. (cw)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
HARRY WILLIAM LOTT,
Plaintiff,
v.
THE DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF OHIO, et al.,
Defendants.

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Case No. 2:13-CV-00562
JUDGE ALGENON L. MARBLEY
Magistrate Judge Abel

ORDER
This matter is before the Court on the United States Magistrate Judge’s Report and
Recommendation (Doc. 28), recommending that the Court deny Plaintiff Harry William Lott’s
Motion under Fed. R. Civ. P. 60 (Doc. 27). On October 8, 2013, the Court issued an Order (Doc.
25) overruling Plaintiff’s objections and adopting the Initial Screening Report and
Recommendation under 28 U.S.C. § 1915(e)(2)(B) (Doc. 21), which recommended that the case
be dismissed for failure to state a claim and for seeking damages against defendants who are
subject to complete immunity. On October 15, Plaintiff filed this Motion under Fed. R. Civ. P.
60, seeking review of the dismissal Order. Plaintiff argues that an exception to the Eleventh
Amendment permits citizens to seek an injunction against state officials in federal court to end a
continuing violation of federal law. (Doc. 27 at 1). Plaintiff also maintains that he is entitled to
a hearing under procedural due process.
On November 6, 2013, the Magistrate Judge recommended that the Motion be denied,
since Plaintiff was provided with an opportunity to object to the Initial Screening Report and
Recommendation, and the Court considered and overruled his objections. (Doc. 28 at 1).
Plaintiff was specifically advised of his right to object to this Report and Recommendation, and

of the consequences of his failure to do so. (Id. at 2). He acknowledged service of the Report
and Recommendation on November 8, 2013. (Doc. 29). No objection has been filed.
Since neither party has objected, and deadline for such objections elapsed on November
20, 2013, the Court ADOPTS the Report and Recommendation. The Motion is DENIED.
IT IS SO ORDERED.
s/ Algenon L. Marbley
ALGENON L. MARBLEY
UNITED STATES DISTRICT JUDGE
DATED: February 7, 2014

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