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)

Download PDF
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 (810) 984-3290 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?