Brown v. Drake et al

Filing 35

ORDER adopting 34 Report and Recommendation and granting 14 and 21 Motions for summary judgment. Signed by District Judge Victoria A Roberts. (DPer)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION EMBRA BROWN, Plaintiff, v. STEVEN DRAKE, Correctional Officer, MARY COOKE, Grievance Administrator, UNKNOWN ADMINISTRATIVE ASSISTANT, HAROLD WHITE, Warden, SHERRY L. BURT, Warden, and WILL RILEY, Assistant Deputy Warden, in their individual capacities, Defendants. _______________________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION On February 12, 2009, Magistrate Judge R. Steven Whalen submitted a Report and Recommendation [Doc. #34] recommending that the Court GRANT Defendants Mary Cooke, Harold White and Will Riley's Motion for Summary Judgment [Doc. #14] and Defendant Sherry L. Burt's Motion for Summary Judgment [Doc. #21]. Because the Court has not received objections from either party within the time frame provided in 28 U.S.C. § 636(B)(1) and E.D. Mich. LR 72.1(d)(3), the Court adopts the Magistrate Judge's Report and Recommendation. Defendants Mary Cooke, Harold White and Will Riley's Motion for Summary Judgment and Defendant Sherry L. Burt's Motion for Summary Judgment are GRANTED. Counts III, VII, VIII, and IX of the Complaint are dismissed. Counts I, II, IV, Case No. 08-11375 Hon. Victoria A. Roberts

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V, and VI remain pending. IT IS ORDERED.

S/Victoria A. Roberts Victoria A. Roberts United States District Judge Dated: March 10, 2009
The undersigned certifies that a copy of this document was served on the attorneys of record by electronic means or U.S. Mail on March 10, 2009. s/Carol A. Pinegar Deputy Clerk

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