Reed v. Pramstaller, et al

Filing 182

ORDER. Signed by District Judge Victoria A. Roberts. (DWor)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

MARK REED-BEY,
Plaintiff,
vs

Case No: 06-10934
Honorable Victoria A. Roberts

GEORGE PRAMSTALLER, ET AL,
Defendants.
_____________________________/
ORDER
Before this Court is a Report and Recommendation (Doc. #178), Defendant
Vadlamudi’s Objections (Doc. #180) and Mr. Reed-Bey’s letter (Doc. 181).
The Court will not grant Mr. Reed-Bey’s request for additional time to file
objections. A proof of service indicates a copy of the Report and Recommendation was
mailed to Mr. Reed-Bey at the correct address. Mr. Reed-Bey did receive the
Defendant’s objections.
The Court has carefully reviewed the Report and Recommendation and
Defendant’s objections. The Court finds no error in the conclusions reached by
Magistrate Judge Whalen.
Accordingly:
(1)

Defendant’s objections are overruled;

(2)

Defendant Vadlamudi’s Motion for Summary Judgment is DENIED as to
the Eighth Amendment claim against her;

(3)

Defendants’ DuBuc and Jackson’s Motion for Summary Judgment is
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GRANTED;
(4)

Defendants’ motion on Plaintiff’s state law claim of medical malpractice is
GRANTED. The Court declines supplemental jurisdiction and dismisses
the claim without prejudice; and

(5)

Plaintiff’s motion for partial summary judgment is DENIED.

Trial will be restricted to medical issues Mr. Reed-Bey experienced in September
and October, 2005, and whether Dr. Valumudi was deliberately indifferent to those
medical needs.
Trial will proceed on the Eighth Amendment Claim only, as to Dr. Vadlumudi.
IT IS ORDERED.

/s/ Victoria A. Roberts
Victoria A. Roberts
United States District Judge
Dated: March 23, 2012
The undersigned certifies that a copy of this
document was served on the attorneys of
record and Mark Reed-Bey, #151290, Gus
Harrison Correctional Facility, 2727 Beecher
Street, Adrian, MI 49221 by electronic means
or U.S. Mail on March 23, 2012.
S/Linda Vertriest
Deputy Clerk

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