Annabel v. Heyns et al

Filing 89

ORDER Adopting Report and Recommendation for Denying 59 Motion to Extend filed by Robert Annabel, Denying 66 Motion for TRO, Motion for Preliminary Injunction filed by Robert Annabel, Granting 72 Motion for Summary Judgment, filed by Surjit Dinsa, re 85 Report and Recommendation. 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
ACCEPTING AND ADOPTING
MARCH 24, 2014 REPORT & RECOMMENDATION
Plaintiff Robert Annabel (“Plaintiff”) filed this pro se action on August 14, 2012,
asserting claims against Defendants pursuant to 42 U.S.C. §§1983, 1985(3), and Title II of the
Americans with Disabilities Act.
The matter was referred to Magistrate Judge Paul Komives for all pretrial proceedings.
(See Docket Entry No. 7).
On March 24, 2014, Magistrate Judge Komives issued a Report and Recommendation
(“R&R) that gave recommendations regarding three different motions. (Docket Entry No. 85).
In that R&R, Magistrate Judge Komives recommends that the Court: 1) deny Plaintiff’s motion
for extension of discovery, 2) deny Plaintiff’s motion seeking a temporary restraining order; and
3) grant Defendant Dinsa’s motion for summary judgment.
Pursuant to FED. R. CIV. P. 72(b), a party objecting to the recommended disposition of a
matter by a Magistrate Judge must filed objections to the R&R within fourteen (14) days after
being served with a copy of the R&R. “The district judge to whom the case is assigned shall
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make a de novo determination upon the record, or after additional evidence, of any portion of the
magistrate judge’s disposition to which specific written objection has been made.” Id.
No party has filed objections to the R&R and the time permitted for filing objections to
the R&R has passed.
The Court hereby ADOPTS the March 24, 2014 R&R. IT IS ORDERED that: 1)
Plaintiff’s motion to extend discovery is DENIED; 2) Plaintiff’s motion seeking a temporary
restraining order is DENIED; and 3) Defendant Dinsa’s motion for summary judgment is
GRANTED.
IT IS SO ORDERED.

Dated: April 30, 2014

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

I hereby certify that on April 30, 2014, to foregoing document was served on counsel of record
via electronic means and upon Robert Annabel via First Class mail at the address below:
Robert Annabel #414234
Gus Harrison Correctional Facility
2727 E. Beecher Street
Adrian, MI 49221
S/ J. McCoy
Case Manager

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