Christian v. AstraZeneca LP

Filing 22

ORDER Overruling and Denying Untimely 21 Objections to Report and Recommendation filed by Aubrey Lee Christian. Signed by District Judge Denise Page Hood. (JOwe)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
AUBREY LEE CHRISTIAN,
Plaintiff,
v.

Civil Action No. 12-11113
HONORABLE DENISE PAGE HOOD

ASTRAZENECA LP, SANDRA
VONDEREMBSE, M.D. and MDOC
HEALTH SERVICES DIVISION,
Defendants.
_____________________________________/
ORDER OVERRULING AND DENYING UNTIMELY OBJECTIONS
This matter is before the Court on Plaintiff’s Objections to the Report and Recommendation
filed late on July 2, 2012 (signed June 26, 2012 and mailed June 27, 2012) [Doc. #21]. Magistrate
Judge Charles E. Binder’s Report and Recommendation was filed on May 22, 2012 [Doc. # 18].
The Court issued an Order accepting the Report and Recommendation and dismissing the action on
June 29, 2012, noting that no Objections were filed and that the time to file the Objections had
passed [Doc. #19].
The Court’s review of the untimely-filed Objections does not change the Court’s ruling set
forth in its June 29, 2012 Order. The Court held that Plaintiff failed to state a claim upon which
relief may be granted as to Defendant AstraZeneca and that this Court lack subject matter
jurisdiction over the negligence claim alleged by Plaintiff. Even if the Court were to consider the
Prisoner Health Services of Michigan as a defendant, Plaintiff cannot hold PHS vicariously liable
for the acts of its employees since a private corporation cannot be held liable under Section 1983.
See Greenman v. Prisoner Health Serv., 2011 WL 6130410, at *10 (W.D. Mich. Dec. 8, 2011),
citing Street v. Correction Corp. of America, 102 F.3d 810, 818 (6th Cir. 1996). Accordingly,

IT IS ORDERED that Plaintiff’s untimely Objections [Doc. # 21] are OVERRULED and
DENIED.
IT IS FURTHER ORDERED and certified that any appeal from this decision would be
frivolous and not taken in good faith. An appeal may not be taken in forma pauperis under 28
U.S.C. § 1915(a)(3); Coppedge v. United States, 369 U.S. 438, 445 (1962), McGore v.
Wrigglesworth, 114 F.3d 601, 610-11 (6th Cir. 1997).

S/Avern Cohn
AVERN COHN
UNITED STATES DISTRICT JUDGE

Dated: September 28, 2012

I hereby certify that a copy of the foregoing document was mailed to the attorneys of record on this
date, September 28, 2012, by electronic and/or ordinary mail.

S/Julie Owens
Case Manager, [phone]

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