Wilbon v. Prison Health Services, Incorporated et al

Filing 63

OPINION AND ORDER adopting 60 Report and Recommendation ; granting 25 Motion for Summary Judgment. Signed by District Judge Patrick J. Duggan. (MOre)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
LOUIS WILBON,
Plaintiff,
Case No. 10-14075
Honorable Patrick J. Duggan

v.
PRISON HEALTH SERVICES, INC.,
ZIVIT COHEN, M.D., VERNON
STEVENSON, M.D., LATOYA JACKSON,
P.A., JEFFREY C. STIEVE, M.D.,
HARRIET A. SQUIER, M.D., JOHN DOE,
and JANE DOE,
Defendants.
/

OPINION AND ORDER GRANTING DEFENDANT STIEVE’S MOTION FOR
SUMMARY JUDGMENT
On October 12, 2010, Plaintiff filed this lawsuit against Defendants claiming
violations of his civil rights under 42 U.S.C. §§ 1983 and 1985. On February 25, 2011,
this Court referred the matter to Magistrate Judge Mark A. Randon for all pretrial
proceedings, including a hearing and determination of all non-dispositive matters
pursuant to 28 U.S.C. § 636(b)(1)(A) and/or a report and recommendation on all
dispositive matters pursuant to 28 U.S.C. § 636(b)(1)(B). Defendant Jeffrey C. Stieve,
M.D., filed a motion for summary judgment pursuant to Federal Rule of Civil Procedure
56 on March 15, 2011.
On October 27, 2011, Magistrate Judge Randon filed a Report and
Recommendation (R&R) recommending that this Court grant Defendant Stieve’s motion.

(Doc. 60). Magistrate Judge Randon relies on Plaintiff’s consent to summary judgment
being granted to Defendant Stieve, as indicated in Plaintiff’s response to the motion, as
well as the lack of evidence showing Defendant Stieve’s involvement in the constitutional
violations alleged in Plaintiff’s complaint. At the conclusion of the R&R, Magistrate
Judge Randon advises the parties that they may object to and seek review of the R&R
within fourteen days of service upon them. (Id. at 3.) He further specifically advises the
parties that “[f]ailure to file specific objections constitutes a waiver of any further right to
appeal.” (Id.) Neither party filed objections to the R&R.
The Court has carefully reviewed the R&R and concurs with the conclusions
reached by Magistrate Judge Randon.
Accordingly,
IT IS ORDERED, that Magistrate Judge Randon’s R&R is adopted and
Defendant Jeffrey C. Stieve, M.D.’s motion for summary judgment GRANTED
Date: December 15, 2011

s/PATRICK J. DUGGAN
UNITED STATES DISTRICT JUDGE

Copies to:
Louis Wilbon
736 Worden, S.E.
Grand Rapids, MI 49507
Kimberley A. Koester, Esq.
Ronald W. Chapman, Esq.
AAG Thomas L. Leonard
Magistrate Judge Mark A. Randon

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