Cromer v. Michigan Department of Corrections et al

Filing 42

ORDER accepting 41 Report and Recommendation. Denying 30 Motion for Default Judgment and granting 35 Motion for Summary Judgment, 28 Motion for Summary Judgment. Signed by District Judge George Caram Steeh. (MBea)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
BILLY CROMER,
Plaintiff,
Case No. 13-CV-14822
HON. GEORGE CARAM STEEH

vs.
MICHIGAN DEPARTMENT OF
CORRECTIONS, et al.,
Defendants.
___________________________/

ORDER ACCEPTING MAGISTRATE
JUDGE'S REPORT AND RECOMMENDATION [DOC. 41]
This matter is before the court on plaintiff Billy Cromer’s action alleging that
defendants violated his rights while he was incarcerated at the St. Louis Correctional
Facility in St. Louis, Michigan. Defendants filed a motion for summary judgment [doc.
28], with defendant Susan Havelka filing a separate motion for summary judgment [doc.
35] in which she adopts and incorporates the arguments advanced by her codefendants. Plaintiff filed a motion for default judgment [doc. 30]. Magistrate Judge
Majzoub issued a report and recommendation recommending that defendants’ motions
for summary judgment be granted on the basis that plaintiff failed to exhaust his
administrative remedies. The Magistrate Judge further recommends that plaintiff’s
motion for default judgment be denied on both substantive and procedural grounds.
Objections to the report have not been filed by defendant within the established time
period. The court has reviewed the file, record, and magistrate judge's report and
recommendation.
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The court agrees with the analysis conducted by the magistrate judge, and
therefore accepts her recommendation that defendants’ motions for summary judgment
be GRANTED and plaintiff’s motion for default judgment be DENIED.
Dated: February 24, 2015
s/George Caram Steeh
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
February 24, 2015, by electronic and/or ordinary mail and also
on Billy Cromer #618377, Oaks Correctional Facility,
1500 Caberfae Highway, Manistee, MI 49660.
s/Barbara Radke
Deputy Clerk

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