Moore v. Warren et al

Filing 48

OPINION AND ORDER denying 25 Motion For Class Certification; adopting 43 Report and Recommendation. Signed by District Judge Patrick J. Duggan. (MOre)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
SHALECSHA MOORE,
Plaintiff,

Case No. 13-cv-11831

v.

Honorable Patrick J. Duggan

MILLICENT WARREN, JODI
DeANGELO, DR. PEI, R.N. OZOR,
and SUBRINA AIKENS,

Magistrate Judge David R. Grand

Defendants.
______________________________/
OPINION AND ORDER ADOPTING REPORT AND
RECOMMENDATION AND DENYING PLAINTIFF’S MOTION FOR
CLASS CERTIFICATION
On April 23, 2013, Plaintiff Shalecsha Moore, a state prisoner in the custody
of the Michigan Department of Corrections (“MDOC”), instituted this pro se civil
rights action pursuant to 28 U.S.C. § 1983 alleging a claim of deliberate
indifference to her serious medical needs in violation of the Eighth Amendment to
the United States Constitution. (ECF No. 1.) At all times relevant to the
allegations contained in Plaintiff’s Complaint, Plaintiff was incarcerated at the
Women’s Huron Valley Correctional Facility (“WHV”) in Ypsilanti, Michigan.
Plaintiff’s Complaint names four MDOC employees as defendants (the “MDOC
Defendants”): Warden Millicent Warren, Deputy Warden Jodi DeAngelo, Nurse
Catherine Ozor, and Nurse Subrina Aikens. Prison Health Services employee Dr.

Pei is also a named Defendant. On June 28, 2013, the MDOC Defendants filed a
motion for summary judgment pursuant to Federal Rule of Civil Procedure 56.
The Court referred the lawsuit to Magistrate Judge David R. Grand for all pretrial
matters, proceedings, including a hearing and determination of all non-dispositive
matters pursuant to 28 U.S.C. § 636(b)(1)(A) and/or a report and recommendation
on all dispositive matters pursuant to 28 U.S.C. § 636(b)(1)(B). Subsequently, the
Court granted the MDOC Defendants’ motion except as to Defendant DeAngelo.
Dr. Pei answered Plaintiff’s Complaint and has not yet sought dismissal.
Accordingly, only two defendants remain before the Court.
While the MDOC Defendants’ motion for summary judgment was pending,
Plaintiff filed a motion for class certification and this motion is presently before the
Court. Attached to the motion are thirty four statements from other inmates at
WHV. On February 28, 2014, Magistrate Judge Grand issued a Report and
Recommendation (“R&R”) concluding that Plaintiff is unable to satisfy the
requirements of class certification as set forth in Federal Rule of Civil Procedure
23(a). At the conclusion of the R&R, Magistrate Judge Grand advises the parties
that they may object to and seek review of the R&R within fourteen days of service
upon them. He further specifically advises the parties that that failure to file
specific objections constitutes a waiver of any further right to appeal. Neither
party filed objections to the R&R.
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The Court has carefully reviewed the R&R and concurs with the conclusions
reached by Magistrate Judge Grand. The Court therefore adopts Magistrate Judge
Grand’s February 28, 2014 Report and Recommendation.
Accordingly,
IT IS ORDERED that Plaintiff’s motion for certification as a class action is
DENIED.
Date: April 15, 2014
s/PATRICK J. DUGGAN
UNITED STATES DISTRICT JUDGE
Copies to:
Shalecsha Moore, # 811643
Huron Valley Complex - Womens
3201 Bemis Road
Ypsilanti, MI 48197
Kevin R. Himebaugh, A.A.G.
Kevin M. Thom, A.A.G.
Kimberley A. Koester, Esq.
Ronald W. Chapman, Esq.
Magistrate Judge David R. Grand

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