Lowe v. Doe et al

Filing 62

ORDER ADOPTING REPORT AND RECOMMENDATIONS. Signed by Judge George C. Smith on 1/15/16. (lvw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
LOUIS N. LOWE,
Plaintiff,
vs.

Case No.: 2:14-cv-535
JUDGE SMITH
Magistrate Judge Deavers

WARDEN JOHN DOE, et al.,
Defendants.

ORDER
On December 22, 2015, the United States Magistrate Judge issued a Report and
Recommendation recommending that Plaintiff’s Motion for Summary Judgment be denied and that
Defendants’ Motion for Summary Judgment be granted. She further recommended that Plaintiff’s
claims for declaratory relief be dismissed as moot and his claims for monetary relief be dismissed
for failure to state a claim upon which relief may be granted. (See Report and Recommendation,
Doc. 60). The parties were advised of their right to object to the Report and Recommendation and
of the consequences of their failure to do so. There has nevertheless been no objection to the Report
and Recommendation.
The Report and Recommendation is hereby ADOPTED and AFFIRMED. Plaintiff’s
Motion for Summary Judgment is hereby DENIED. Defendant Lewis’s Second Motion for
Summary Judgment is hereby GRANTED. Plaintiff’s claims for declaratory relief are hereby
DISMISSED AS MOOT and his claims for monetary relief are hereby DISMISSED for failure to
state a claim upon which relief may be granted.
The Clerk shall remove Documents 50, 52, and 60 from the Court’s pending motions list and

terminate this case.
IT IS SO ORDERED.
/s/ George C. Smith__________________
GEORGE C. SMITH, JUDGE
UNITED STATES DISTRICT COURT

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