A nonsmoking prisoner who was exposed to secondhand smoke filed nondispositive motions which were denied by a Magistrate Judge. Also, plaintiff’s motions for summary judgment and for judgment on the pleadings were denied. A federal judge adopted the Magistrate Judge’s Report and Recommendation in its entirety. On July 22, 2010, a U.S. Magistrate Judge, at 2010 U.S. Dist. LEXIS 74102, recommended that the defendants’ motion for summary judgment be granted since the plaintiff “has not shown that the housing unit contains unreasonably high levels” of secondhand smoke; thus, Carter has failed to meet the objective component of an Eighth Amendment claim under Helling v. McKinney.
2010 U.S. Dist. LEXIS 14292 (U.S.D.C. S.D. Ohio, 2010).