Fowler v. Browning

Filing 7

ORDER adopting 5 the Report and Recommendation and DISMISSES every claim except the individual-capacity First Amendment retaliation, Fourth Amendment unreasonable strip search, and Eighth Amendment failure-to-protect claims. Signed by Judge Michael H. Watson on 1/18/2023. (jk) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

Case: 2:22-cv-03523-MHW-KLL Doc #: 7 Filed: 01/18/23 Page: 1 of 2 PAGEID #: 114

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

Jason P. Fowler,

Plaintiff,

Case No. 2:22-cv-3523

V.

Judge Michael H. Watson

Case Manager Michael C. Browning,

Magistrate Judge Litkovitz

Defendant.

ORDER
After performing an initial screen of this prisoner civil rights case, the

Magistrate Judge issued a Report and Recommendation ("R&R") recommending
the Court dismiss all claims except for the following claims asserted against
Defendant in his individual capacity: (1) First Amendment retaliation: (2) Fourth
Amendment unreasonable strip search; and (3) Eighth Amendment failure-to-

protect. R&R 5, ECF No. 5. The R&R notified Plaintiff of his right to object to the
recommendations contained therein and of the consequences of failing to do so.

Id. at 10. Notably, the R&R warned Plaintiff that a failure to object would amount
to a waiver of the right to de novo review by the District Judge and a right to
appeal the judgement of the District Court. Id.
The deadline for objecting has passed, and Plaintiff did not file objections.

Accordingly, the Court ADOPTS the R&R and DISMISSESevery claim except

Case: 2:22-cv-03523-MHW-KLL Doc #: 7 Filed: 01/18/23 Page: 2 of 2 PAGEID #: 115

the individual-capacity First Amendment retaliation, Fourth Amendment
unreasonable strip search, and Eighth Amendment failure-to-protect claims.
IT IS SO ORDERED.

MICHAEL H. ATSON, JUDGE
UNITED STATES DISTRICT COURT