Jones v. Caruso et al

Filing 61

ORDER accepting 55 Magistrate Judge's Report and Recommendation and denying 44 plaintiff's Request for injunctive relief. Signed by District Judge George Caram Steeh (MBea)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
MARK JONES,
Plaintiff,
CASE NO. 10-CV-11604
v.
HON. GEORGE CARAM STEEH
THOMAS PARLING,
LINDA BUCKHOLZ, and
JASON THOMAS,
Defendants.
________________________________/
ORDER ACCEPTING MAGISTRATE JUDGE’S REPORT AND
RECOMMENDATION (#55) AND DENYING PLAINTIFF’S
REQUEST FOR INJUNCTIVE RELIEF (#44)
Plaintiff Mark Jones, a prisoner currently in the custody of the Michigan
Department of Corrections, alleges that defendants violated his constitutional rights by
fabricating misconduct reports and security classification documents in order to increase
plaintiff’s custody level. Plaintiff claims these actions were taken in retaliation for
plaintiff’s attempt to seek a pardon or commutation of sentence from the Michigan
Parole Board. After the June 14, 2010 order of this court, only this retaliation-based §
1983 claim against the three individual defendants remains. On February 16, 2011,
plaintiff filed a request for injunctive relief, seeking an order directing defendants to
reclassify his custody level. On August 15, 2011, Magistrate Judge Whalen issued a
report and recommendation that the court deny plaintiff’s request for injunctive relief.
Plaintiff has not filed objections to the report and recommendation, and the deadline for
doing so has passed. The court has reviewed the report and recommendation, and in

the absence of timely objection,
The court hereby ACCEPTS and ADOPTS Magistrate Judge Whalen’s August
15, 2011 report and recommendation and DENIES plaintiff’s request for injunctive relief.
SO ORDERED.

S/George Caram Steeh
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE
Dated: September 8, 2011
CERTIFICATE OF SERVICE
Copies of this Order were served on the attorneys of record on September 8, 2011, by
electronic and/or ordinary mail and also to Mark Jones #22308 at SHAR Macomb, 6902
Chicago Road, Warren, MI 48092.

S/Marcia Beauchemin
Case Manager/Deputy Clerk

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