ORDER

This cause having come on to be heard upon the record, the briefs and the oral argument of the parties, and upon due consideration thereof,

It is ORDERED that the judgment of the district court be, and it hereby is, AFFIRMED for reasons as stated from the bench, finding Suhar v. Bums, 322 F.3d 421 (6th Cir. 2003) to be controlling authority in this matter.