Richards v. McKee et al

Filing 79

ORDER Adopting Report and Recommendation for Denying 54 Motion for Summary Judgment filed by Kyle Richards, Denying 72 Motion filed by Kyle Richards, re 76 Report and Recommendation. Signed by District Judge Sean F. Cox. (JMcC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
Kyle B. Richards,
Plaintiff,
v.

Case No. 12-14148

Ken McKee, et. al.,

Honorable Sean F. Cox
Magistrate Judge Laurie J. Michelson

Defendants.
_________________________________/
ORDER
ACCEPTING AND ADOPTING REPORT & RECOMMENDATION
On September 19, 2012, Plaintiff brought this action against nearly fifty defendants,
including Macomb County Jail officials and personnel, alleging violations of 42 U.S.C. section 1983
and state law. (Doc. #1). All pretrial matters were referred to Magistrate Judge Laurie J. Michelson
pursuant to 28 U.S.C. § 636(b)(1)(B). (Doc. #14).
On September 30, 2013, Plaintiff filed a Motion for Summary Judgment and Request for
Leave. (Doc. #54). Plaintiff asks the Court to grant him leave to file a successive motion for
summary judgment because this Court had previously dismissed one of Plaintiff’s prior motions for
summary judgment as premature. (Doc. #55). Plaintiff argues that his current Motion for Summary
Judgment is timely because, according to the “standard case management order . . . discovery
expired in July.” (Mo. at 1-2). Plaintiff appears to argue that he is entitled to summary judgment
because the only evidence on record consists of affidavits he submitted, along with his verified
Complaint, and thus there is no triable issue of fact.
In a Report and Recommendation (“R&R”) issued on March 7, 2014, Magistrate Judge

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Michelson recommended that this Court deny Plaintiff’s Motion for Summary Judgment because
the remaining Defendant has not had time to obtain the required discovery. (Mar. 7, 2014 R&R at
2-3). Magistrate Judge Michelson also recommended that Plaintiff’s Motion for Time Extension
and Request for Copies be dismissed as moot, because there is nothing on the docket to which
Plaintiff must respond at this time. (March 7, 2014 R&R at 3).
Pursuant to FED. R. CIV. P. 72(b), a party objecting to the recommended disposition of a
matter by a Magistrate Judge must file 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 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.
The time for filing objections to the R&R has expired and the docket reflects that neither
party has filed objections to the R&R. Furthermore, the Court agrees with the Magistrate Judge’s
analysis of the issues presented. Therefore, the Court hereby ADOPTS the March 7, 2014 R&R.
IT IS ORDERED that Plaintiff’s Motion for Summary Judgment and Request for Leave are
DENIED, and Plaintiff’s Motion for Time Extension and Request for Copies is DENIED.
CONCLUSION & ORDER
For the reasons set forth above, the Court hereby ACCEPTS AND ADOPTS Magistrate
Judge Michelson’s March 7, 2014 Report and Recommendation (Doc. #76). The Court hereby
ORDERS:
1)

Plaintiff’s Motion for Summary Judgment (Doc. #54) is DENIED; and

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2)

Plaintiff’s Motion for Time Extension and Request for Copies (Doc. #72) is
DENIED.

IT IS SO ORDERED.

Dated: April 4, 2014

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

I hereby certify that on April 4, 2014, to foregoing document was served on counsel of record via
electronic means and upon Kyle Richards via First Class mail at the address below:
Kyle Richards #641715
Bellamy Creek Correctional Facility
1727 West Bluewater Highway
Ionia, MI 48846
S/ J. McCoy
Case Manager

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