Moses v. Caruso et al

Filing 41

ORDER Adopting 33 Report and Recommendation Granting 16 Motion for Summary Judgment, filed by A Hoffman, Lloyd Rapelje, Susan Kohloff, Winn, and Denying as Moot 22 Motion for Preliminary Injunction, Motion for TRO filed by Jamero Moses. Signed by District Judge Anna Diggs Taylor. (JCur)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION JAMERO TERRILE MOSES, #231885, Plaintiff, v. LLOYD RAPELJE, et al., Defendants. ______________________________________/ ORDER ADOPTING MAGISTRATE'S REPORT AND RECOMMENDATION (D/E-33) This matter is before the court on Magistrate Judge Michael Hluchaniuk's Report and Recommendation of February 25, 2009, recommending that Defendants' Motion for Summary Judgment be granted and Plaintiff's Motion for Preliminary Injunction be denied as moot. The court has reviewed the file, the Magistrate Judge's Report and Recommendation, and Plaintiff's objections (D/E-36) 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 February 25, 2009, as the findings and conclusions of this court. Accordingly, IT IS HEREBY ORDERED that Magistrate Judge Hluchaniuk's Report and Recommendation of February 25, 2009, is ACCEPTED and ADOPTED. IT IS FURTHER ORDERED that Defendants' Motion for Summary Judgment is GRANTED and Plaintiff's Motion for Preliminary Injunction is DENIED as MOOT. IT IS SO ORDERED. DATED: April 22, 2009 s/ Anna Diggs Taylor ANNA DIGGS TAYLOR UNITED STATES DISTRICT JUDGE Case No. 08-12161 Hon. Anna Diggs Taylor Magistrate Judge Michael Hluchaniuk 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 April 22, 2009. Jamero Moses, #231885 Newberry Correctional Facility 3001 Newberry Ave Newberry, MI 49868 s/Johnetta M. Curry-Williams Case Manager 2

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