Pettus-Brown v. Adult Parole Authority et al

Filing 52

ORDER ADOPTING REPORT AND RECOMMENDATIONS; Plaintiffs Emergency Motion for Preliminary Injunction is hereby DENIED. Plaintiffs Second Renewed Motion for Leave of Court to Exceed Allotted Discovery is DENIED without prejudice. Plaintiffs Motion to Compel Response to Discovery Request is DENIED as moot. Signed by Judge George C. Smith on 1/8/19. (sh)(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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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION LA SHAWN PETTUS-BROWN, Plaintiff, vs. Case No.: 2:18-cv-82 JUDGE GEORGE C. SMITH Magistrate Judge Jolson JIMMY PHELPS, et al., Defendants. ORDER On November 14, 2018, the United States Magistrate Judge issued a Report and Recommendation and Order recommending that Plaintiff’s Emergency Motion for Preliminary Injunction be denied; Plaintiff’s Second Renewed Motion for Leave of Court to Exceed Allotted Discovery be denied without prejudice; and Plaintiff’s Motion to Compel Response to Discovery Request be denied as moot. (See Report and Recommendation, Doc. 38). The parties were advised of their right to object to the Report and Recommendation and Order. This matter is now before the Court on Plaintiff’s Objections to the Report and Recommendation and Order. (See Doc. 42). The Court will consider the matter de novo. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3). In his objections, Plaintiff concedes the rulings on the discovery matters, but objects to the denial of his motion for preliminary injunction. Plaintiff continues to argue that Ohio Revised Code §2967.28(F)(3) is unconstitutional, and specifically the imposition of prison sentences pursuant to this statute. The Court has carefully reviewed Plaintiff’s arguments raised in his objections and in his initial motion and agrees with the Magistrate Judge’s analysis in the Report and Recommendation and Order. Plaintiff has failed to establish a likelihood of success on the merits of his claim, nor any of the other preliminary injunction factors. Therefore, for the reasons stated above and as set forth in detail in the Report and Recommendation and Order, this Court finds that Plaintiff’s objections are without merit and are hereby OVERRULED. The Report and Recommendation and Order, Document 38, is ADOPTED and AFFIRMED. Plaintiff’s Emergency Motion for Preliminary Injunction is hereby DENIED. Plaintiff’s Second Renewed Motion for Leave of Court to Exceed Allotted Discovery is DENIED without prejudice. Plaintiff’s Motion to Compel Response to Discovery Request is DENIED as moot. The Clerk shall remove Documents 24 and 38 from the Court’s pending motions list. IT IS SO ORDERED. /s/ George C. Smith__________________ GEORGE C. SMITH, JUDGE UNITED STATES DISTRICT COURT 2

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