Sadler v. Michigan Department of Corrections et al

Filing 28

ORDER Adopting 26 Report and Recommendation granting-in-part and denying-in-part 11 Motion for Summary Judgment, filed by Monihan, Gallup and Terrill. Signed by District Judge Anna Diggs Taylor. (JCur)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ROBERT SADLER, #147503, Plaintiff, v. MICHIGAN DEPARTMENT OF CORRECTIONS, THOMAS K. BELL, VIRGIL WEBB, ARUS MONAHAN, RUM D. ANDISON, OFFICER TERRILL, and OFFICER GALLUP, Defendants. ______________________________________/ ORDER ADOPTING MAGISTRATE'S REPORT AND RECOMMENDATION (Docket Entry 26) This matter is before the court on Magistrate Judge Mark A. Randon's Report and Recommendation of November 9, 2009, recommending that Defendants Monihan, Gallup and Terrill's Motion for Summary Judgment be granted in-part and denied in-part. The court has reviewed the file, Defendants' Objection, and the Magistrate Judge's Report and Recommendation. Plaintiff did not file an Objection. 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 November 9, 2009, as the findings and conclusions of this court. Accordingly, IT IS HEREBY ORDERED that Magistrate Judge Randon's Report and Recommendation of November 9, 2009, is ACCEPTED and ADOPTED. IT IS FURTHER ORDERED that Defendants Monihan, Gallup and Terrill's Motion for Summary Judgment is GRANTED IN-PART and DENIED IN-PART. IT IS SO ORDERED. DATED: February 2, 2010 s/Anna Diggs Taylor ANNA DIGGS TAYLOR UNITED STATES DISTRICT JUDGE Case No. 09-cv-11375 Hon. Anna Diggs Taylor Magistrate Judge Mark A. Randon

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 February 2, 2010. Robert Sadler, #147503 Gus Harrison Correctional Facility 2727 East Beecher Street Adrian, MI 49221

s/Johnetta M. Curry-Williams Case Manager

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