Helmer v. Guest et al
ORDER denying 122 Motion for Partial Summary Judgment; adopting 137 Report and Recommendation. Signed by District Judge Patrick J. Duggan. (MOre)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
Case No. 09-11697
Honorable Patrick J. Duggan
BRIAN GUEST, KATHLEEN SOLOMON,
OSCODA COUNTY, KEVIN GRACE,
DAVE STENZEL, ED POKRZYWNICKI,
and RONALD NIGHTINGALE,
At a session of said Court, held in the U.S.
District Courthouse, Eastern District
of Michigan, on_July 14, 2011.
THE HONORABLE PATRICK J. DUGGAN
U.S. DISTRICT COURT JUDGE
On May 4, 2009, William Helmer (“Plaintiff”), a state prisoner currently incarcerated
at the Bellamy Creek Correctional Facility in Ionia, Michigan, filed this pro se civil rights
action pursuant to 42 U.S.C. § 1983. Presently before the Court is Plaintiff’s motion for
partial summary judgment, filed on January 5, 2011 pursuant to Federal Rule of Civil
Procedure 56. The Court has referred this matter to Magistrate Judge Mona K. Majzoub
for all pretrial proceedings.
On May 9, 2011, Magistrate Judge Majzoub issued a Report and Recommendation
(“R&R”) in which she recommends that this Court deny Plaintiff’s motion. Plaintiff seeks
summary judgment with respect to his claims of falsification of documents and malicious
prosecution. Magistrate Judge Majzoub’s R&R states that the Court previously considered
Plaintiff’s arguments and dismissed his claims except for the malicious prosecution claim
against Defendant Nightingale and the individual capacity excessive force claims against
Defendants Guest, Pokrzywnicki, and Stenzel. R&R 2. Magistrate Judge Majzoub further
notes that Plaintiff’s motion makes no mention of the malicious prosecution claim against
At the conclusion of the R&R, Magistrate Judge Majzoub advises the parties that
they may object and seek review of the R&R within fourteen days of service upon them.
Id. She further advises the parties that “[f]ailure to file specific objections constitutes a
waiver of any further right of appeal.” Id. (citing Thomas v. Arn, 474 U.S. 140, 106 S. Ct.
466 (1985); Howard v. Sec’y of Health & Human Servs., 932 F.2d 505 (6th Cir. 1991);
United States v. Walters, 638 F.2d 947 (6th Cir. 1981)). No objections to the R&R have
The Court has carefully reviewed the R&R and concurs with the conclusions reached
by Magistrate Judge Majzoub. Accordingly,
IT IS ORDERED that Plaintiff’s motion for partial summary judgment is DENIED.
s/PATRICK J. DUGGAN
UNITED STATES DISTRICT JUDGE
D. Randall Gilmer, Esq.
G. Gus Morris, Esq.
Mark E. Donnelly, A.A.G.
Magistrate Judge Mona K. Majzoub
William Helmer, #140677
Bellamy Creek Correctional Facility
1727 West Bluewater Highway
Ionia, MI 48846
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