Gause v. Ellis et al

Filing 23

OPINION AND ORDER granting 9 Motion for Summary Judgment; adopting 20 Report and Recommendation on 20 Report and Recommendation, 9 Motion for Summary Judgment,. Signed by District Judge Patrick J. Duggan. (MOre)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JOHN GAUSE,
Plaintiff,
Case No. 13-11152
Honorable Patrick J. Duggan

v.
LATOYA ELLIS, MICHAEL CLOTHIER,
AVAR P. LAWS-WRIGHT, and
DENISE R. ALLSBERRY,
Defendants.
________________________________/

OPINION AND ORDER ADOPTING REPORT AND
RECOMMENDATION AND GRANTING DEFENDANTS’ MOTION FOR
SUMMARY JUDGMENT
On March 15, 2013, Plaintiff commenced this action pursuant to 42 U.S.C. §
1983, alleging that Defendants violated his civil rights as a result of a parole
revocation hearing. Defendants filed a motion for summary judgment pursuant to
Federal Rule of Civil Procedure 56 on May 20, 2013. (ECF No. 9.) This matter
has been referred for all pretrial matters to Magistrate Judge David R. Grand.
(ECF No. 10.)
On August 13, 2013, Magistrate Judge Grand issued a Report and
Recommendation (R&R) in which he recommends that this Court grant
Defendants’ summary judgment motion. (ECF No. 20.) Magistrate Judge Grand

concludes that Defendants Latoya Ellis and Avar P. Laws-Wright, as the parole
hearing officer and parole officer, respectively, are entitled to absolute immunity.
(Id. at 7-10.) He concludes that Defendant Latoya Ellis is entitled to qualified
immunity and that liability under § 1983 does not attach to Defendant Denise R.
Allsberry for her role in denying Plaintiff’s grievance. (Id. at 10-13.) At the
conclusion of his R&R, Magistrate Judge Grand informs the parties that they must
file any objections to the R&R within fourteen days. (Id. at 13.) He further
advises that the “[f]ailure to file specific objections constitutes a waiver of any
further right of appeal.” (Id., citations omitted). Neither party filed objections to
the R&R.
This Court has carefully reviewed the R&R and concurs with the
conclusions reached by Magistrate Judge Grand.
Accordingly,
IT IS ORDERED, that Defendants’ motion for summary judgment (ECF
No. 9) is GRANTED.
Date: September 30, 2013

s/PATRICK J. DUGGAN
UNITED STATES DISTRICT JUDGE

Copies to:
John Gause, #2100076
27462 Annapolis
Inkster, MI 48141
AAG Kevin R. Himebaugh
Magistrate Judge David R. Grand
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