Burton v. Parks et al

Filing 107

ORDER Adopting 105 Report and Recommendation - Granting 91 Motion for Summary Judgment,, filed by John R. Kearney, Marvin Keeling, Maurice B Potts, Harriet Squier and Dismissing the Case. Signed by District Judge Stephen J. Murphy, III. (CCoh)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
KENNETH B. BURTON,
Plaintiff,

Case No. 11-cv-14768

v.

HONORABLE STEPHEN J. MURPHY, III

J. PARKS, et al.,
Defendants.
/
ORDER ADOPTING REPORT AND RECOMMENDATION
(document no. 105), GRANTING DEFENDANTS’ MOTION FOR
SUMMARY JUDGMENT (document no. 91), AND DISMISSING THE CASE
This is a prisoner civil rights action against state employees who allegedly violated
the First and Eighth Amendments by withholding adequate medical care from Plaintiff
Kenneth B. Burton. The Court has already dismissed the claims against six of the
defendants, and the remaining four defendants have moved for summary judgment. On
December 9, 2013, the magistrate judge issued a report and recommendation (“Report”)
recommending that the motion be granted. The parties had fourteen (14) days to object to
the Report. See Fed. R. Civ. P. 72(b)(2). No party filed a timely objection. Although a court
must review timely objections to a magistrate judge's report and recommendation, a court
may adopt, reject, or amend the portions of a report and recommendation to which no party
properly objects. See Fed. R. Civ. P. 72(b)(3); Thomas v. Arn, 474 U.S. 140, 150 (1985).
For the reasons stated in the Report, the Court will adopt the Report, grant the motion for
summary judgment, and dismiss the remaining claims.

ORDER
WHEREFORE, it is hereby ORDERED that the Report (document no. 105) is
ADOPTED, that the motion for summary judgment (document no. 91) is GRANTED, and
that the case is DISMISSED.
SO ORDERED.

s/Stephen J. Murphy, III
STEPHEN J. MURPHY, III
United States District Judge
Dated: January 8, 2014
I hereby certify that a copy of the foregoing document was served upon the parties and/or
counsel of record on January 8, 2014, by electronic and/or ordinary mail.
s/Carol Cohron
Case Manager

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