Hall v. Caruso et al

Filing 46

ORDER Adopting 41 Report and Recommendation and granting 21 Motion for Summary Judgment, filed by Naomi Gladney, Seetha Vadlamudi, Signed by District Judge Bernard A Friedman. (CMul)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DISTRICT DERRICK HALL, Plaintiff, v. Hon. Bernard A. Friedman NAOMI GLADNEY, et al., Defendants. ___________________________/ ORDER ADOPTING MAGISTRATE JUDGE BINDER'S REPORT AND RECOMMENDATION This matter is before the Court on Magistrate Judge Charles Binder's Report and Recommendation ("R and R") dated July 31, 2009. Plaintiff filed a timely objection to the R and R. The Court reviewed Plaintiff's objections to the R and R and finds that, as stated in the Court's July 14, 2009 Opinion and Order, Plaintiff has failed "to show that the deprivation of medical care was sufficiently serious to rise to the level of an Eighth Amendment violation." (Order, Doc. 37 at 7). This Court had an opportunity to fully review this matter and believes that the Magistrate Judge has reached the correct conclusions for the proper reasons. Civil Action No. 08-13183

Accordingly, IT IS ORDERED that Magistrate Judge Binder's Report and Recommendation dated July 31, 2009 is hereby ADOPTED. IT IS FURTHER ORDERED THAT Defendant's Motion for Summary Judgment is GRANTED.

Date: August 28, 2009

_s/Bernard A. Friedman_________________ BERNARD A. FRIEDMAN UNITED STATES DISTRICT JUDGE

I hereby certify that a copy of the foregoing document was served upon counsel of record by electronic and/or first-class mail. S/Carol Mullins Case Manager