Hendricks et al v. Ohio Department of Rehabilitation & Corrections et al

Filing 28

ORDER ADOPTING 27 REPORT AND RECOMMENDATIONS, Mailed copy of 27 to Benjamin Hendricks, 3024 Fairview Blvd, Fairview, TN 37062 by Regular U.S. Mail. Signed by Judge Gregory L. Frost on 3/6/15. (kn)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION BENJAMIN HENDRICKS, et al., Plaintiffs, Case No. 2:14-cv-01841 JUDGE GREGORY L. FROST Magistrate Judge Elizabeth P. Deavers v. OHIO DEPARTMENT OF REHABILITATION AND CORRECTIONS, et al., Defendants. OPINION AND ORDER This matter is before the Court for consideration of the Magistrate Judge’s February 13, 2015 Order and Report and Recommendation (“Order and R&R”). (ECF No. 27.) In that filing, the Magistrate Judge recommended that Plaintiff Hendricks’ claims for injunctive relief be dismissed as moot because Plaintiff Hendricks has been released from PCI. The Order and R&R advised the parties that, “[i]f any party seeks review by the District Judge of this Report and Recommendation, that party may, within fourteen (14) days, file and serve on all parties objections to the Report and Recommendation, specifically designating this Report and Recommendation, and the part in question, as well as the basis for the objection.” (ECF No. 27, at 8.) The Order and R&R specifically advised the parties that their failure to object would “result 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.” (Id. (citing Pfahler v. Nat’l Latex Prod. Co., 517 F.3d 816, 829 (6th Cir. 2007) and United States v. Sullivan, 431 F.3d 976, 984 (6th Cir. 2005)).) The Court has reviewed the Order and R&R. Noting that no objections have been filed, that the time for filing such objections has expired, and that the Magistrate Judge’s reasoning is correct, the Court ADOPTS and AFFIRMS the Order and R&R and DISMISSES AS MOOT Plaintiff Hendricks’ claims for injunctive relief. IT IS SO ORDERED. /s/ Gregory L. Frost GREGORY L. FROST UNITED STATES DISTRICT JUDGE 2

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