Smith v. Heyns et al

Filing 76

ORDER Overruling Plaintiff's Objections 75 and Accepting and Adopting the Magistrate Judge's June 21, 2013 Report and Recommendation 74 Granting Defendants' 59 , 69 Motions for Summary Judgment; Denying Plaintiff's 70 Motion to Stay Summary Judgment, and Denying Plaintiff's 65 Second Motion to Amend. Signed by District Judge Nancy G. Edmunds. (JCur)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

Frederick Smith, #158371,
Case No. 12-11373
Plaintiff,
Honorable Nancy G. Edmunds
v.
Daniel Heyns, et al.,
Defendants.
/

ORDER OVERRULING PLAINTIFF’S OBJECTIONS AND ACCEPTING AND
ADOPTING THE MAGISTRATE JUDGE’S JUNE 21, 2013 REPORT AND
RECOMMENDATION [74]

This matter is before the Court on the magistrate judge’s June 21, 2013 report and
recommendation on four motions on Plaintiff Frederick Smith’s 42 U.S.C. § 1983 prisoner
rights suit regarding his right to parole in state prison and actions that he alleges various
prison officials took against him that violated his constitutional rights, the Americans with
Disabilities Act, the Rehabilitation Act, and state laws. (Dkt. 74, RR.) The magistrate judge
recommended denying Plaintiff’s motion to stay the summary judgment motions so that
discovery may go forth, denying Plaintiff’s second motion for leave to amend, granting
Defendants’ motions for summary judgment, and declining to exercise supplemental
jurisdiction over the remaining state law claims. (RR at 2.)
Plaintiff has objected to the magistrate judge’s report and recommendation. (Dkt. 75.)
Being fully advised in the premises, having read the pleadings and the magistrate
judge’s recommendation, and having conducted a de novo review of Plaintiff’s objections,

the Court agrees with the magistrate judge’s report and recommendation and accepts and
adopts it. (Dkt. 74.) The Court overrules Plaintiff’s objections. (Dkt. 75.)
The Court therefore: DENIES Plaintiff’s second motion to stay summary judgment
(dkt. 70); DENIES Plaintiff’s second motion for leave to amend (dkt. 65) and GRANTS
Defendants’ motions for summary judgment (dkt. 59, 69). The Court also declines to
exercise supplemental jurisdiction over any state law claim. No claims are left pending; the
Court will issue a judgment in connection with this case.
So ordered.

s/Nancy G. Edmunds
Nancy G. Edmunds
United States District Judge
Dated: July 31, 2013
I hereby certify that a copy of the foregoing document was served upon counsel of record
on July 31, 2013, by electronic and/or ordinary mail.
s/Johnetta M. Curry-Williams
Case Manager
Acting in the Absence of Carol A. Hemeyer

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