Burba v. Ludwick et al

Filing 26

ORDER granting 17 Motion to Dismiss,, Motion for Summary Judgment, filed by Nick Ludwick, accepting and adopting 24 Report and Recommendation Signed by District Judge Paul D Borman. (DGoo)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

SAMUEL TRAVIS BURBA, Plaintiff, vs. NICK LUDWICK, et al., Defendants. _________________________/ ORDER ACCEPTING AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND GRANTING DEFENDANT LUDWICK'S MOTION TO DISMISS This is a prisoner civil rights case. Plaintiff Samuel Burba, proceeding pro se, is suing St. Louis Correctional Facility Warden Nick Ludwick and five unknown corrections officers. Plaintiff claims that Defendants violated his Eighth Amendment rights by failing to protect him during an assault perpetrated by another prisoner. On August 28, 2009, Defendant Ludwick filed a Motion to Dismiss. See docket entry 17. On February 4, 2010, Magistrate Judge Michael Hluchaniuk issued a Report and Recommendation ("R&R") in which he recommends that Defendant Ludwick's motion be granted. See docket entry 24. Plaintiff filed objections to the R&R on February 22, 2010. See docket entry 25. The Court reviews de novo those portions of the R&R to which a specific objection has been made. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). Having done so, the Court finds, over Plaintiff's objections, that Magistrate Judge Hluchaniuk has reached the proper conclusions for the proper 1 PAUL D. BORMAN UNITED STATES DISTRICT JUDGE Civil Action No. 09-CV-11961

reasons. Accordingly, IT IS ORDERED that Magistrate Judge Hluchaniuk's R&R dated February 4, 2010, is accepted and adopted as the findings and conclusions of the Court. IT IS FURTHER ORDERED that Plaintiff's objections to the R&R are overruled. IT IS FURTHER ORDERED that Defendant Ludwick's Motion to Dismiss [docket entry 17] is granted. IT IS FURTHER ORDERED that this case shall proceed against the remaining defendants.

S/Paul D. Borman PAUL D. BORMAN UNITED STATES DISTRICT JUDGE Dated: March 1, 2010 CERTIFICATE OF SERVICE Copies of this Order were served on the attorneys of record by electronic means or U.S. Mail on March 1, 2010. S/Denise Goodine Case Manager

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