Haynes v. Ivens et al

Filing 67

ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION OF DECEMBER 23, 2009 63 . Granting 43 Motion to Dismiss filed by Howard Tyree, Correctional Medical Services, Incorporated, and Keith Ivens. Signed by District Judge Gerald E Rosen. (RBri)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

RANDY HAYNES, Plaintiff, vs. DR. KEITH IVENS, et al., Defendants. ________________________________/ No. 08-CV-13091-DT Hon. Gerald E. Rosen

ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION OF DECEMBER 23, 2009 At a session of said Court, held in the U.S. Courthouse, Detroit, Michigan on January 27, 2010 PRESENT: Honorable Gerald E. Rosen Chief Judge, United States District Court This matter having come before the Court on the December 23, 2009 Report and Recommendation of United States Magistrate Judge Mark A. Randon recommending that the Court grant the Fed. R. Civ. P. 12(b)(6) motion to dismiss filed by Defendants Correctional Medical Services, Inc. ("CMS"), Dr. Keith Ivens, M.D., and Physician Assistant Howard Tyree; and no timely objections to the Magistrate Judge's Report and Recommendation having been filed; and the Court having reviewed the Magistrate Judge's Report and Recommendation, and the Court's file of this action and having concluded that, for the reasons stated in the Report and Recommendation, Defendants' Motion should be granted, and the Court being otherwise fully advised in the premises,

NOW, THEREFORE, IT IS HEREBY ORDERED that the Magistrate Judge's Report and Recommendation of December 23, 2009 [Dkt. # 63] be, and hereby is, adopted by this Court. IT IS FURTHER ORDERED that, for the reasons set forth in the Magistrate Judge's Report and Recommendation, Defendants' Motion to Dismiss [Dkt. # 43] be, and hereby is, GRANTED. Accordingly, IT IS FURTHER ORDERED that Plaintiffs' claims against Defendants CMS, Ivens and Tyree are DISMISSED with prejudice.

s/Gerald E. Rosen Chief Judge, United States District Court Dated: January 27, 2010
CERTIFICATE OF SERVICE I hereby certify that on January 27, 2010 , I electronically filed the foregoing paper with the Clerk of the Court using the ECF system which will send notification of such filing to the following: Christine M. Campbell; Randall A. Juip; Anthony D. Pignotti; Brian J. Richtarcik , and I hereby certify that I have mailed by United States Postal Service the paper to the following nonECF participants: Randy Haynes; #224393, Marquette Branch Prison; 1960 U.S. Hwy. 41 South, Marquette, MI 49855 s/Ruth A. Brissaud Ruth A. Brissaud, Case Manager [phone]