Fox v. Rodgers et al

Filing 98

ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION 96 AND DISMISSING PLAINTIFF'S COMPLAINT. Granting 93 Motion for Summary Judgment filed by Karen A Ibarra. Signed by District Judge Gerald E Rosen. (RGun)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ROBERT FOX, JR., Plaintiff, vs. PENNY RODGERS, et al., Defendant. __________________________/ ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND DISMISSING PLAINTIFF'S COMPLAINT At a session of said Court, held in the U.S. Courthouse, Detroit, Michigan on June 25, 2010 PRESENT: Honorable Gerald E. Rosen United States District Chief Judge No. 08-cv-14727 Hon. Gerald E. Rosen This prisoner civil rights action having come before the Court on the June 8, 2010 Report and Recommendation of United States Magistrate Judge Mona K. Majzoub, recommending that the Court grant Defendant Karen Ibarra's Motion for Summary Judgment; and no timely objections to the Report and Recommendation having been filed; and the Court having reviewed the Magistrate Judge's R&R, and the entire record of this matter, and having concluded that Defendant Ibarra's motion for summary judgment should be granted, NOW, THEREFORE, IT IS HEREBY ORDERED that the Magistrate Judge's Report and Recommendation of June 8, 2010 Dkt. # 96] is adopted by the Court. Accordingly, IT IS FURTHER ORDERED that Defendant Karen Ibarra's Motion for Summary Judgment [Dkt. # 93] is GRANTED. Defendant Ibarra being the last defendant remaining in this action, IT IS FURTHER ORDERED that Plaintiff's Complaint is DISMISSED, in its entirety, WITH PREJUDICE. Let Judgment be entered accordingly. s/Gerald E. Rosen Chief Judge, United States District Court Dated: June 25, 2010 I hereby certify that a copy of the foregoing document was served upon counsel of record on June 25, 2010, by electronic mail and upon Robert Fox, Jr., #208615, Parr Highway Correctional Facility, 2727 East Beecher Street, Adrian, Michigan 49221 (Last known address for plaintiff). s/Ruth A. Gunther Case Manager

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