Carter v. Ricumstrict et al

Filing 39

ORDER Adopting 37 Report and Recommendation Granting Defendants' 24 Motion for Summary Judgment and Denying Plaintiff's 33 Motion for Partial Summary Judgment. Signed by District Judge Anna Diggs Taylor. (JCur)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION JOEL MARCEL CARTER, #410324, Plaintiff, v. RICUMSTRICT, et. al., Defendant(s). ______________________________________/ ORDER ADOPTING MAGISTRATE'S REPORT AND RECOMMENDATION This matter is before the court on Magistrate Judge Steven D. Pepe's Report and Recommendation of July 31, 2008, Denying Plaintiff's Motion for Partial Summary Judgment [D/E 33] and granting Defendants' Motion for Summary Judgment [D/E 24]. The court has reviewed the file, the Magistrate Judge's Report and Recommendation, and Plaintiff's objection 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 July 31, 2008, as the findings and conclusions of this court. Accordingly, IT IS HEREBY ORDERED that Magistrate Judge Pepe's Report and Recommendation of July 31, 2008 is ACCEPTED and ADOPTED. IT IS SO ORDERED. Case No. 07-13311 Hon. Anna Diggs Taylor Magistrate Judge Steven D. Pepe

DATED: September 10, 2008

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

CERTIFICATE OF SERVICE The undersigned certifies that the foregoing Order and Judgment were 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 10, 2008. Joel Carter, #410324 Standish Maximum Correctional Facility 4713 West M-61 Standish, MI 48658

s/Johnetta M. Curry-Williams Case Manager

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