Baker v. Noronha et al

Filing 50

ORDER adopting 44 Report and Recommendation; granting 40 Motion to Dismiss; granting 42 Motion to Dismiss; granting 11 Motion for Summary Judgment; granting 18 Motion for Summary Judgment. Signed by District Judge Arthur J. Tarnow. (MLan)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JOSEPH BAKER,
Plaintiff,

Case No. 12-10642

v.

SENIOR UNITED STATES DISTRICT JUDGE
ARTHUR J. TARNOW

ANITA NORONHA, ET AL.,
MAGISTRATE JUDGE LAURIE J. MICHELSON
Defendants.
/

ORDER ADOPTING REPORT AND RECOMMENDATION [44], GRANTING
DEFENDANTS’ MOTION TO DISMISS [11], DEFENDANTS’ MOTION FOR
SUMMARY JUDGMENT [18], DEFENDANT’S MOTION TO DISMISS [40], AND
DEFENDANTS’ MOTION TO DISMISS [42]

On January 8, 2013, Magistrate Judge Michelson issued a Report and Recommendation [44]
that Defendants Lisa Adray and Mary K. Bollheimer’s Motion to Dismiss [11] be GRANTED, that
Defendant Prisoner Health Services, Inc. and Anita Noronha’s Motion for Summary Judgment [18]
be GRANTED, that Defendant Foster Morris’ Motion to Dismiss [40] be GRANTED, and that
Defendant Susan Kirstensen and Deborah McMahon’s Motion to Dismiss [42] be GRANTED.
Plaintiff filed objections on February 19, 2013, after the fourteen-day period for objecting
to the R&R had passed. The Court has reviewed Plaintiff’s objections. The issues raised by
Plaintiff in his objections were addressed by the Magistrate Judge. To the extent that Plaintiff relies
on documents entitled “Managing Problem Patient Behaviors,” the Court does not find that these
documents create a genuine issue of material fact as to Plaintiff’s claims.
Accordingly, the Report and Recommendation of the Magistrate Judge is hereby ADOPTED
and is entered as the findings and conclusions of the Court.

IT IS ORDERED that Defendants Lisa Adray and Mary K. Bollheimer’s Motion to Dismiss
[11] is GRANTED, that Defendant Prisoner Health Services, Inc. and Anita Noronha’s Motion for
Summary Judgment [18] is GRANTED, that Defendant Foster Morris’ Motion to Dismiss [40] is
GRANTED, and that Defendant Susan Kirstensen and Deborah McMahon’s Motion to Dismiss [42]
is GRANTED.
SO ORDERED.
s/Arthur J. Tarnow
ARTHUR J. TARNOW
SENIOR U.S. DISTRICT JUDGE
Dated: February 21, 2013

______________________________________________________________________________
CERTIFICATE OF SERVICE
I hereby certify on February 21, 2013 that I electronically filed the foregoing paper with the
Clerk of the Court sending notification of such filing to all counsel registered electronically. I hereby
certify that a copy of this paper was mailed to the following non-registered ECF participants on
February 21, 2013: Joseph Baker.
s/Michael E. Lang
Deputy Clerk to
District Judge Arthur J. Tarnow
[phone]

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