Annabel v. Heyns et al

Filing 76

ORDER denying 46 Motion for Relief from Judgment. Signed by District Judge Sean F. Cox. (JMcC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

Robert Annabel,
Plaintiff,
v.

Case No. 12-13590

Daniel Heyns, et al.,

Sean F. Cox
United States District Court Judge

Defendants.
_________________________________/
ORDER DENYING
PLAINTIFF’S RULE 60(B) MOTION FOR RELIEF OF JUDGMENT
(DOCKET ENTRY NO. 46)
Plaintiff Robert Annabel (“Plaintiff”), a Michigan state prisoner, filed this prisoner civil
rights action asserting § 1983 claims against multiple defendants.
This Court referred this matter to Magistrate Judge Paul Komives for all pretrial
proceedings. (Docket Entry No. 7). Thereafter, Defendants filed three motions to dismiss and/or
motions for summary judgment. (Docket Entry Nos. 11, 13, and 19). On August 7, 2013,
Magistrate Judge Komives issued a Report and Recommendation (“R&R”) that dealt with all
three motions. (Docket Entry No. 34).
Plaintiff, MDOC Defendants Rutgers and King, and Defendant Dinsa, filed objections to
the R&R. (Docket Entry Nos. 35, 37 & 39). Plaintiff objected to the magistrate judge’s
conclusion that he failed to exhaust his administrative remedies against Defendants Heyns,
Morris and Sata.
On September 9, 2013, this Court issued an “Order Adopting Report And

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Recommendation In Part And Rejecting It In Part” (Docket Entry No. 43). In that Order, this
Court found Plaintiff’s objections without merit and stated that it concludes that the magistrate
judge properly dismissed his claims against Defendants Heyns, Morris, and Sata.
On September 25, 2013, Plaintiff filed a Rule 60(b) Motion (Docket Entry No. 46),
wherein he asks the Court to reconsider its rulings in the Court’s September 9, 2013 Order,
specifically the dismissal of his claims against Defendants Heyns and Sata.
Having reviewed Plaintiff’s motion, the August 7, 2013 R&R, and this Court’s
September 9, 2013 Order, the Court continues to conclude that Plaintiff’s claims against
Defendants Heyns and Sata were properly dismissed. Accordingly, IT IS ORDERED that
Plaintiff’s Rule 60(b) Motion (Docket Entry No. 46) is DENIED.
IT IS SO ORDERED.
Dated: January 30, 2014

S/ Sean F. Cox
Sean F. Cox
U. S. District Court Judge

I hereby certify that on January 30, 2014, the foregoing document was served upon counsel of
record by electronic means and upon Robert Annabel by First Class Mail at the address below:
Robert Annabel
414234
Gus Harrison Correctional Facility
2727 E. Beecher Street
Adrian, MI 49221
Dated: January 30, 2014

S/ J. McCoy
Case Manager

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