Nali v. Michigan Department of Corrections et al

Filing 87

ORDER Adopting Report and Recommendation for 85 Report and Recommendation,re 76 MOTION to Compel filed by Frank Nali, 79 MOTION to Stay Discovery filed by P. Caruso, Arus Buzcek, Arus Kelly, Warden Trombley, 78 MOTION for Summary Judgment filed by P. Caruso, Arus Buzcek, Arus Kelly, Warden Trombley Signed by District Judge Arthur J Tarnow. (DEld)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION FRANK NALI, Plaintiff, v. PATRICIA CARUSO, et al., Defendants. / ORDER ADOPTING THE REPORT AND RECOMMENDATION [85]; DENYING AS MOOT PLAINTIFF'S MOTION TO COMPEL DISCOVERY [76] and DEFENDANTS' MOTION TO STAY DISCOVERY [79]; GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT [78]; and DISMISSING CASE Before the Court is the Magistrate Judge's Report and Recommendation [85] of July 30, 2008. The Report and Recommendation recommended that Defendants' Motion for Summary Judgment [78] be granted and this case dismissed, and that Plaintiff's Motion to Compel Discovery [76] and Defendants' Motion to Stay Discovery [79] be denied as moot. On August 13, 2008, Plaintiff filed an Objection [86], to the Report and Recommendation. Defendants did not file a Response. After reviewing the Report and Recommendation [85], Plaintiff's Objection [86], and the relevant pleadings, the Court accepts the Magistrate's analysis and ADOPTS the Report and Recommendation. Therefore, the Court being fully advised in the premises, IT IS HEREBY ORDERED that Defendant's Motion for Summary Judgment is MAGISTRATE JUDGE DONALD A. SCHEER Case No. 07-10831 DISTRICT JUDGE ARTHUR J. TARNOW

GRANTED. Furthermore, IT IS ORDERED that Plaintiff's Motion to Compel Discovery [76] and Defendants' Motion to Stay Discovery [79] are DENIED as moot. The case is DISMISSED in its entirety. SO ORDERED.

S/ARTHUR J. TARNOW Arthur J. Tarnow United States District Judge Dated: December 31, 2008 I hereby certify that a copy of the foregoing document was served upon counsel of record and Frank Nali #449422, PARR HIGHWAY CORRECTIONAL FACILITY, 2727 EAST BEECHER ST. ADRIAN, MI 49221 on December 31, 2008, by electronic and/or ordinary mail. S/LISA WARE FOR THERESA E. TAYLOR Case Manager