Burros v. Michigan State Industries et al

Filing 18

ORDER granting 17 Motion to Dismiss. Signed by District Judge Victoria A. Roberts. (CPin)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION LEONARD BURROS, Plaintiff, v. Case Number: 13-13252 Honorable Victoria A. Roberts MICHIGAN STATE INDUSTRIES, et al., Defendants. / ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS (DOC. # 17) On July 30, 2013, Plaintiff filed a pro se complaint against Michigan State Industries – an administrative unit of the Michigan Department of Corrections (MDOC) – and several MDOC employees (Defendants); Plaintiff – now on parole status with MDOC – says Defendants violated his constitutional rights while he was incarcerated at the Parnall Correctional Facility in Jackson, Michigan. On January 23, 2014, Defendants filed a motion to dismiss (Doc. # 17). Defendants say Plaintiff fails to state a claim on which relief can be granted, because: (1) he fails to allege facts establishing a deprivation of a constitutional right; and (2) they are entitled to qualified and Eleventh Amendment immunities. Plaintiff failed to respond to Defendants motion. The Court reviewed Defendants’ motion and the applicable law and agrees with Defendants. Defendants’ motion to dismiss is GRANTED; Plaintiff’s complaint is DISMISSED. IT IS ORDERED. S/Victoria A. Roberts Victoria A. Roberts United States District Judge Dated: March 14, 2014 The undersigned certifies that a copy of this document was served on the attorneys of record and Leonard Burros by electronic means or U.S. Mail on March 14, 2014. S/Carol A. Pinegar Deputy Clerk 2

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