Robinson v. Caruso et al

Filing 122

ORDER Adopting Report and Recommendation Regarding 118 Motion to Dismiss Defendants, John Doe, Kulkarni, Bielak and Bonita Davis-Neigbors, filed by Heather Robinson. Signed by District Judge Lawrence P Zatkoff. (BSoc)

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Robinson v. Caruso et al Doc. 122 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION HEATHER ROBINSON, Plaintiff, v. PATRICIA CARUSO et al., Defendants. / ORDER ADOPTING REPORT AND RECOMMENDATION Plaintiff, a pro se inmate, filed a complaint alleging that she has received constitutionally insufficient dental care in violation of the Eighth Amendment. This matter is currently before the Court on Magistrate Judge Hluchaniuk's Report and Recommendation [dkt 120], in which the Magistrate Judge recommends that Defendants Bielak, Kulkarni, Neigbors, and John Doe be dismissed with prejudice, and Defendant Neigbors's motion for summary judgment be denied as moot. No objections were filed to the Report and Recommendation. The Court has thoroughly reviewed the court file and the Report and Recommendation. As a result of that review, the Court ADOPTS the Report and Recommendation and enters it as the findings and conclusions of this Court. Accordingly, IT IS HEREBY ORDERED that Plaintiff's motion to dismiss [dkt 118] is GRANTED with respect to Defendants Bielak, Kulkarni, Neigbors, and John Doe, and those defendants are DISMISSED WITH PREJUDICE. The motion to dismiss is DENIED as MOOT with respect to Defendants Ethridge, Osbourne, St. Joseph Mercy Hospital, and Feison, because those defendants have previously been dismissed with prejudice from this lawsuit. IT IS FURTHER ORDERED that Defendant Neigbors's motion for summary judgment [dkt Case No. 08-14069 Hon. Lawrence P. Zatkoff Dockets.Justia.com 113] is DENIED as MOOT. IT IS SO ORDERED. S/Lawrence P. Zatkoff LAWRENCE P. ZATKOFF UNITED STATES DISTRICT JUDGE Dated: September 7, 2010 CERTIFICATE OF SERVICE The undersigned certifies that a copy of this Order was served upon the attorneys of record by electronic or U.S. mail on September 7, 2010. S/Marie E. Verlinde Case Manager (810) 984-3290 2

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