West v. Michigan Department of Corrections et al

Filing 17

ORDER Adopting 13 Report and Recommendation Granting-in-Part Defendants' 8 Motion for Summary Judgment and Granting leave to Plaintiff to file an amended complaint within 30 days. Signed by District Judge Anna Diggs Taylor. (JCur)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION CARLTON WEST, #237293, Plaintiff, v. MICHIGAN DEPARTMENT OF CORRECTIONS, INSPECTOR PUTNAM, and S. KRONBERG Defendants. ______________________________________/ ORDER ADOPTING MAGISTRATE'S REPORT AND RECOMMENDATION This matter is before the court on Magistrate Judge Virginia M. Morgan's Report and Recommendation of April 28, 2008, granting in-part Defendants' Motion for Summary Judgment and granting leave to Plaintiff to file an amended complaint detailing his remaining claims. The court has reviewed the file, the Magistrate Judge's Report and Recommendation, and Plaintiff's and Defendants' objections filed thereto. The court finds that the law cited by the Magistrate has been correctly placed and is controlling in this matter. THEREFORE, the court will accept the Magistrate's Report and Recommendation of April 28, 2008, as the findings and conclusions of this court. Accordingly, IT IS HEREBY ORDERED that Magistrate Judge Morgan's Report and Recommendation of April 28, 2008, is ACCEPTED and ADOPTED. IT IS FURTHER ORDERED Defendants' Motion for Summary Judgment is GRANTED In-Part and Plaintiff is GRANTED leave to file an amended complaint within 30 days of this court's Order Adopting the Magistrate Judge's Report and Recommendation. IT IS SO ORDERED. Case No. 07-11081 Hon. Anna Diggs Taylor Magistrate Judge Virginia M. Morgan

DATED: September 2, 2008

s/Anna Diggs Taylor ANNA DIGGS TAYLOR UNITED STATES DISTRICT JUDGE

CERTIFICATE OF SERVICE The undersigned certifies that the foregoing Order was served upon counsel of record via the Court's ECF System to their respective email addresses or First Class U.S. mail disclosed on the Notice of Electronic Filing on September 2, 2008. Carlton West, II, #237293 Marquette Branch Prison 1960 U.S. Hwy 41 South Marquette, MI 49855 s/Johnetta M. Curry-Williams Case Manager

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