Johnson v. Thivierge et al

Filing 31

ORDER Accepting Magistrate Judge's 28 Report and Recommendation - Signed by District Judge Bernard A. Friedman. (FMos)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JAMES EDWIN JOHNSON, II,
Plaintiff,
vs.

Civil Action No. 11-CV-10652
HON. BERNARD A. FRIEDMAN

JOSEPH THIVIERGE, et al.,
Defendants.
___________________________/
ORDER ACCEPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
This matter is presently before the court on plaintiff’s motion for summary judgment
[docket entry 21]. Magistrate Judge David R. Grand has submitted a Report and Recommendation
(“R&R”) in which he recommends that the court deny the motion. The magistrate judge also
recommends that the court sua sponte dismiss the complaint insofar as it challenges the lawfulness
of plaintiff’s confinement, as plaintiff’s exclusive remedy for seeking such relief in federal court is
to seek a writ of habeas corpus, as plaintiff’s exclusive remedy for seeking such relief in federal
court is to seek a writ of habeas corpus. No party has objected to the R&R and the 14-day objection
period has expired. See Fed. R. Civ. P. 72(b)(2).
Having reviewed the R&R, the complaint and the motion papers, the court finds that
the magistrate judge has correctly analyzed the issues and that his recommendation is sound.
Accordingly,

IT IS ORDERED that the magistrate judge’s R&R dated December 16, 2011, is
hereby accepted and adopted as the findings and conclusions of the court.

IT IS FURTHER ORDERED that plaintiff’s motion for summary judgment [docket
entry 21] is denied.

IT IS FURTHER ORDERED that the complaint is dismissed insofar as it challenges
the lawfulness of plaintiff’s incarceration.

S/Bernard A. Friedman________________
BERNARD A. FRIEDMAN
SENIOR UNITED STATES DISTRICT JUDGE
Dated: January 5, 2012
Detroit, Michigan
I hereby certify that the foregoing document was served electronically on counsel of record on
January 5, 2012 and or by U.S. Postal mail to James Johnson #531294, Richard A. Handlon
Correctional Facility, 1728 Bluewater Highway, Ionia, MI 48846.
S/Felicia M. Moses for Carol Mullins
Case Manager

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