Seals v. Scutt et al

Filing 34

ORDER granting 23 Motion for Voluntary Dismissal ; adopting 28 Report and Recommendation ; denying 15 Motion to Dismiss Without Prejudice. Signed by District Judge Lawrence P. Zatkoff. (MVer)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
NICHOLAS SEALS,
Plaintiff,

CASE NO. 10-15054
Hon. Lawrence P. Zatkoff

v.
DEBRA SCUTT, et al.,

Defendants,
________________________________________________/
OPINION AND ORDER ADOPTING MAGISTRATE
JUDGE'S REPORT AND RECOMMENDATION
Plaintiff, a state prisoner proceeding pro se, filed this case pursuant to 42 U.S.C. § 1983 and
state, alleging deliberate indifference to his serious medical needs, in violation of the Eighth
Amendment. This matter is currently before the Court on Magistrate Judge Mona Majzoub’s Report
and Recommendation (Docket #28), wherein the Magistrate Judge recommends that: (1) Plaintiff’s
Motion for Voluntary Dismissal (Docket #23) be granted; and (2) Defendant Correctional Medical
Services’s, Inc.’s Motion to Dismiss (Docket #15) be denied as moot and without prejudice. No
objections to the Magistrate Judge’s Report and Recommendation were received.
After a thorough review of the court file (including the parties’ motions and briefs) and the
Report and Recommendation, this Court will adopt the Report and Recommendation and enter it as
the findings and conclusions of this Court.
Therefore, for the reasons stated above, the Court hereby ORDERS that:
1.

Plaintiff’s Motion for Voluntary Dismissal (Docket #23) is GRANTED; and

2.

Defendant Correctional Medical Services’s, Inc.’s Motion to Dismiss
(Docket #15) is DENIED WITHOUT PREJUDICE; and

3.

All other outstanding motions are DENIED AS MOOT.

IT IS SO ORDERED.

S/Lawrence P. Zatkoff
LAWRENCE P. ZATKOFF
UNITED STATES DISTRICT JUDGE
Dated: May 11, 2011
CERTIFICATE OF SERVICE
The undersigned certifies that a copy of this Order was served upon the attorneys of record
by electronic or U.S. mail on May 11, 2011.
S/Marie E. Verlinde
Case Manager
[phone]

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