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Gooden v. Bradshaw

United States District Court, S.D. Ohio, Western Division
Jul 2, 2009
C-1-08-115 (S.D. Ohio Jul. 2, 2009)

Summary

denying injunctive relief where plaintiff failed to exhaust administrative remedies and the relief requested was an affirmative order to correct constitutional deficiencies yet to be proven that was beyond the scope of injunctive relief

Summary of this case from Dearing v. Mahalma

Opinion

C-1-08-115.

July 2, 2009


ORDER


This matter is before the Court upon the Report and Recommendation of the United States Magistrate Judge (doc. no. 54) to which neither party has objected.

Upon a de novo review of the record, the Court finds that the Judge has accurately set forth the applicable law and has properly applied it to the particular facts of this case. Accordingly, in the absence of any objection by plaintiff, this Court accepts the Report as uncontroverted.

The Report and Recommendation of the United States Magistrate Judge (doc. no. 54) is hereby ADOPTED AND INCORPORATED HEREIN BY REFERENCE. Defendant's Motion for Summary Judgment (doc. no. 24) is GRANTED; plaintiff's Motion for Protective Order/Motion for Separation Order (doc. no. 7) is DENIED; plaintiff's Complaint is DISMISSED.

For all of the above reasons, this Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that an appeal of this Order would not be taken in good faith. See, McGore v. Wrigglesworth , 114 F.3d 601 (6th Cir. 1997). This case is DISMISSED AND TERMINATED on the docket of this Court.

IT IS SO ORDERED.

Exhibit


Summaries of

Gooden v. Bradshaw

United States District Court, S.D. Ohio, Western Division
Jul 2, 2009
C-1-08-115 (S.D. Ohio Jul. 2, 2009)

denying injunctive relief where plaintiff failed to exhaust administrative remedies and the relief requested was an affirmative order to correct constitutional deficiencies yet to be proven that was beyond the scope of injunctive relief

Summary of this case from Dearing v. Mahalma

recognizing status quo would not be preserved when plaintiff sought an order requiring defendants to affirmatively correct constitutional deficiencies that had not yet been proven

Summary of this case from Perdue v. Morgan

recognizing status quo would not be preserved where plaintiff sought an order requiring defendants to affirmatively correct constitutional deficiencies that had not yet been proven

Summary of this case from Perdue v. Morgan
Case details for

Gooden v. Bradshaw

Case Details

Full title:MARTINE P. GOODEN, Plaintiff v. GARVIN S. BRADSHAW, et al., Defendants

Court:United States District Court, S.D. Ohio, Western Division

Date published: Jul 2, 2009

Citations

C-1-08-115 (S.D. Ohio Jul. 2, 2009)

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