Bethel v. Warden

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION ROBERT W. BETHEL, Plaintiff, Case No. 2:20-cv-5275 JUDGE EDMUND A. SARGUS, JR. v. Magistrate Judge Kimberly A. Jolson WARDEN CHILLICOTHE CORRECTIONAL INSTITUTION, et al., Defendants.

ORDER This matter is before the Court on Plaintiff Robert W. Bethel’s Motion Requesting a Raceway Dismissal (“Motion”) pursuant to Raceway Properties, Inc. v. Emprise Co., 613 F.2d 656 (6th Cir. 1980) and Innovation Ventures, LLC v. Custom Nutrition Labs, LLC, 912 F.3d 316 (6th Cir. 2018). (ECF No. 71.) For the reasons stated in his Motion, and when considered against the backdrop of the Court’s February 27, 2023 Order (ECF No. 70), Bethel’s Motion is well-taken.

The Court therefore GRANTS Bethel’s Motion. (ECF No. 71.) Bethel’s claims are DISMISSED with prejudice. Any remaining pending motions are DENIED as moot, and the Clerk is DIRECTED to close this case.

IT IS SO ORDERED.

3/13/2023 s/Edmund A. Sargus, Jr. DATE EDMUND A. SARGUS, JR. UNITED STATES DISTRICT JUDGE