Seals v. Scutt et al

Filing 58

ORDER Adopting Report and Recommendation for 55 Report and Recommendation, 46 Motion to Dismiss filed by V Stevenson, 51 Motion to Dismiss filed by Prisoner Health Services, Incorporated 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 filed this case pursuant to 42 U.S.C. § 1983, alleging that Defendants failed to
provide him with adequate medical care in violation of the Eighth Amendment. This matter is
currently before the Court on Magistrate Judge Mona K. Majzoub’s Report and Recommendation
(Docket #55), wherein the Magistrate Judge recommends that: (1) Defendant Stevenson’s Motion
to Dismiss be denied, (2) Defendant Prison Health Services, Inc.’s Motion to Dismiss be granted,
and (3) Defendants Scutt, Gardon, Clement, Murphy, Upston, Neff, Edelman, Ives, Aetna Insurance
Company, and Correctional Medical Services, Inc. be dismissed from this action. The Court
received no objections to the Report and Recommendation.
After a thorough review of the court file and the Report and Recommendation, this Court will
adopt the Report and Recommendation and enter it as the findings and conclusions of the Court.
Therefore, for the reasons set forth above, the Court hereby ORDERS that:
(1)

Defendant Stevenson’s Motion to Dismiss (Docket #46) is DENIED,

(2)

Defendant Prison Health Services, Inc.’s Motion to Dismiss (Docket #51)
is GRANTED, and

(3)

Defendants Scutt, Gardon, Clement, Murphy, Upston, Neff, Edelman, Ives,
Aetna Insurance Company, and Correctional Medical Services, Inc. are
DISMISSED from this action.

IT IS SO ORDERED.

Dated: July 31, 2014

S/Lawrence P. Zatkoff
LAWRENCE P. ZATKOFF
UNITED STATES DISTRICT JUDGE