Cobbs v. Pramstaller et al

Filing 133

ORDER ADOPTING IN PART AND REJECTING IN PART Magistrate Judge Charles Binder's 115 Report And Recommendation: GRANTING 103 Motion for Summary Judgment filed by defendants Craig Hutchinson, Bency Mathai and DENYING 103 Motion for Summary Judgment filed by defendant Correctional Medical Services, Inc.; DENYING 104 Motion for Summary Judgment, filed by Bonita Davis Neighbors, Haresh Pandya, George J Pramstaller, Gregory Naylor, Marcella Clark; DENYING 108 Motion to Amend/Correct Complaint filed by Dallas Cobbs; Craig Hutchinson and Bency Mathai terminated. Signed by District Judge Anna Diggs Taylor. (JCur)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN DALLAS COBBS, #164276, Plaintiff, v. GEORGE J. PRAMSTALLER, et al., Defendants. Paul D. Reingold (P27594) MICHIGAN CLINICAL LAW PROGRAM Attorney for Plaintiff 363 Legal Research Building 801 Monroe Street Ann Arbor, MI 48109-1215 (734-763-4319 Clifton B. Schneider (P70582) Michigan Department of Attorney General Attorneys for MDOC Defendants 525 W. Ottawa Street P.O. Box 30217 Lansing, MI 48909 [phone] Randall A. Juip (P58538) Brian J. Richtarcik (P49390) Anthony D. Pignotti (P71100) The Juip Richtarcik Law Firm Attorneys for Defendants, Correctional Medical Services, Inc., Craig Hutchinson, M.D., and Bency Mathai, M.D., only The Penobscot Building 645 Griswold Street, Suite 3850 Detroit, MI 48226 [phone] Case No.: 07-cv-14644 Honorable Anna Diggs Taylor Magistrate Judge Charles E. Binder

ORDER ADOPTING IN PART AND REJECTING IN PART MAGISTRATE JUDGE CHARLES BINDER'S REPORT AND RECOMMENDATION (This Order Resolves Docket Entries 103, 104, 108 & 115) This matter having come before the Court on Magistrate Judge Charles Binder's Report and Recommendation of March 25, 2010, and the Court having reviewed the file, the Magistrate Judge's Report and Recommendation, the parties' objections and responses, and the parties' oral arguments, and the Court being otherwise fully informed in the premises, NOW, THEREFORE,

IT IS HEREBY ORDERED that Magistrate Judge Binder's Report and Recommendation of March 25, 2010 (Doc. Entry 115) shall be adopted as the opinion of this Court in all respects, except with respect to his recommendations regarding Plaintiff's motion to amend the complaint; IT IS FURTHER ORDERED that the Defendants, Craig Hutchinson, M.D. and Bency Mathai, M.D.'s, motion for summary judgment (Doc. 103) shall be GRANTED and they shall be dismissed for lack of the requisite personal involvement; IT IS FURTHER ORDERED that Defendant, Correctional Medical Services, Inc.'s motion for summary judgment (Doc. 103) be DENIED; IT IS FURTHER ORDERED that Defendants, Clark, Naylor, Davis-Neighbors, Pandya, and Pramstaller's motion for summary judgment (Doc. 104) be DENIED; and IT IS FURTHER ORDERED that Plaintiff's motion to amend complaint to add custom and policy claim (Doc. 108) be DENIED. IT IS SO ORDERED.

Dated: July 22, 2010

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

Approved as to form: s/Paul D. Reingold w/consent Paul D. Reingold (P27594) Attorney for Plaintiff s/Anthony D. Pignotti Anthony D. Pignotti (P71100) Attorney for Defendants, CMS, Dr. Hutchinson, and Dr. Mathai

s/Clifton B. Schneider w/consent Clifton B. Schneider (P70582) Attorney for MDOC Defendants

2

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 July 22, 2010. s/Johnetta M. Curry-Williams Case Manager

3