West v. Michigan Department of Corrections et al

Filing 58

ORDER Adopting 48 Report and Recommendation Granting 33 Motion for Summary Judgment filed by Defendants Kronberg and Putnam and declining to exercise pendent jurisdiction over Plaintiff's state law claim. Signed by District Judge Anna Diggs Taylor. (JCur)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION CARLTON WEST, II, #237293, Plaintiff, v. MICHIGAN DEPARTMENT OF CORRECTIONS, INSPECTOR PUTNAM, and S. KRONBERG, Defendants. ______________________________________/ ORDER ADOPTING MAGISTRATE'S REPORT AND RECOMMENDATION (Docket Entry 48) This matter is before the court on Magistrate Judge Virginia M. Morgan's Report and Recommendation of September 23, 2009, recommending that defendants Putnam and Kronberg `s Motion for Summary Judgment be granted and that this court decline to exercise pendent jurisdiction over Plaintiff's state law claim. The court has reviewed the file, the Magistrate Judge's Report and Recommendation, and Plaintiff's 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 September 23, 2009, as the findings and conclusions of this court. Accordingly, IT IS HEREBY ORDERED that Magistrate Judge Morgan's Report and Recommendation of September 23, 2009, is ACCEPTED and ADOPTED. IT IS FURTHER ORDERED that defendants Putnam and Kronberg `s Motion for Summary Judgment (D/E 33) is GRANTED and this court declines exercise pendent jurisdiction over Plaintiff's state law claim. IT IS SO ORDERED. Case No. 07-cv-11081 Hon. Anna Diggs Taylor Magistrate Judge Virginia M. Morgan DATED: February 3, 2010 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 February 3, 2010. Carlton West, II, #237293 Marquette Branch Prison 1960 U.S. Hwy 41 South Marquette, MI 49855 s/Johnetta M. Curry-Williams Case Manager -2-

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