Sanders v. Prisoner Health Services, Inc et al

Filing 64

ORDER ADOPTING MAGISTRATE JUDGE'S 56 REPORT AND RECOMMENDATION, DISMISSING PLAINTIFF'S CLAIMS AGAINST MICHIGAN DEPARTMENT OF CORRECTIONS AND DENYING PLAINTIFF'S 51 MOTION FOR APPOINTMENT OF COUNSEL. Denying 48 Motion for Summary Judgment filed by Howard Sanders and Granting 43 Motion to Dismiss filed by Michigan Department of Corrections. Signed by District Judge Gerald E. Rosen. (RGun)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

HOWARD JAMAL SANDERS
#249473,
Plaintiff,

No. 10-CV-12846

vs.

Hon. Gerald E. Rosen

PRISON HEALTH SERVICE, INC., and
MICHIGAN DEPARTMENT OF
CORRECTIONS
Defendants.
________________________________/
ORDER ADOPTING MAGISTRATE JUDGE’S
REPORT AND RECOMMENDATION, DISMISSING
PLAINTIFF’S CLAIMS AGAINST MICHIGAN
DEPARTMENT OF CORRECTIONS, AND DENYING
PLAINTIFF’S MOTION FOR APPOINTMENT OF COUNSEL
At a session of said Court, held in
the U.S. Courthouse, Detroit, Michigan
on
February 29, 2012
PRESENT:

Honorable Gerald E. Rosen
United States District Chief Judge

This Section 1983 prisoner civil rights matter is presently before the Court on the
September 7, 2011 Report and Recommendation of United States Magistrate Judge Paul
J. Komives recommending that the Court (1) grant Defendant Michigan Department of
Corrections (“MDOC”)’s Motion to Dismiss; (2) deny Plaintiff’s Motion for Summary

Judgment; and (3) deny Plaintiff’s Motion for Appointment of Counsel. Plaintiff timely
filed objections to the Magistrate Judge’s Report and Recommendation.

Having reviewed the Magistrate Judge’s Report and Recommendation, Plaintiff’s
Objections, and the Court’s entire file of this action, the Court has concluded that, for the
reasons stated in the Report and Recommendation, Defendant MDOC’s motion should be
granted and Plaintiff’s motions should be denied.
NOW, THEREFORE, IT IS HEREBY ORDERED that the Magistrate Judge’s
Report and Recommendation of September 7, 2011 [Dkt. # 56] be, and hereby is,
adopted by this Court.
IT IS FURTHER ORDERED that, for the reasons set forth in the Magistrate
Judge’s Report and Recommendation, Defendant Michigan Department of Corrections’
Motion to Dismiss [Dkt. # 43] be, and hereby is, GRANTED, and Plaintiff’s Motion for
Summary Judgment [Dkt. # 48] is DENIED. Accordingly,
IT IS FURTHER ORDERED that Plaintiff’s claims against Defendant Michigan
Department of Corrections are DISMISSED, with prejudice.
IT IS FURTHER ORDERED that Plaintiff’s Motion for Appointment of Counsel
[Dkt. # 51] is DENIED.

s/Gerald E. Rosen
Chief Judge, United States District Court
Dated: February 29, 2012

I hereby certify that a copy of the foregoing document was served upon counsel of record
on February 29, 2012, by electronic mail and upon Howard Jamal Sanders, #249473, G.
Robert Cotton correctional Facility, 3510 N. Elm Road, Jackson, MI 49201 by ordinary
mail.
s/Ruth A. Gunther
Case Manager