Lindensmith v. Walton

Filing 23

ORDER Adopting 22 Report and Recommendation:Granting 17 Motion for Summary Judgment,filed by Vera R. Conerly, David Phillips, Chaplain Burrus, Marilyn J. Ruben, Michael J. Marutiak, Eric Walton and Dismissing Case. Signed by District Judge Stephen J. Murphy, III. (CCoh)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
DAVID LINDENSMITH,
Plaintiff,

Case No. 14-cv-13342

v.

HONORABLE STEPHEN J. MURPHY, III

ERIC WALTON, et al.,
Defendants.
/
ORDER ADOPTING REPORT AND RECOMMENDATION
(document no. 22), GRANTING DEFENDANTS’ MOTION FOR
SUMMARY JUDGMENT (document no. 17) AND DISMISSING THE CASE
David Lindensmith is a prisoner with the Michigan Department of Corrections. He
brought suit under 42 U.S.C. § 1983 and alleged that multiple officials at the Parnell
Correctional Facility violated his constitutional rights. The defendants filed a joint motion
for summary judgment. ECF No. 17. The Court referred the case to Magistrate Judge
Elizabeth Stafford. Magistrate Judge Stafford filed a Report and Recommendation on
January 25, 2016, and advised the Court to grant the motion for summary judgment. ECF
No. 22.
A copy of the Report was served on both parties on January 25, 2016. Under Civil
Rule 72(b), each party had fourteen days from the date of service to file any written
objections. Because Lindensmith was incarcerated, the Court added several days to allow
Lindensmith to file an objection. The Report states that all objections were due by February
11, 2016. Neither party has filed any objections. De novo review of the Report is therefore
not required. See Fed. R. Civ. P. 72(b)(3). The Court has reviewed the file and the Report,
and finds that the Report’s analysis is proper. Accordingly, the Court adopts the Report’s
findings and conclusion and will enter an appropriate judgment.

ORDER
WHEREFORE, it is hereby ORDERED that the Report and Recommendation
(document no. 22) is ADOPTED.
IT IS FURTHER ORDERED that the Defendants’ Motion For Summary Judgment
(document no. 17) is GRANTED.
IT IS FURTHER ORDERED that the case is DISMISSED WITH PREJUDICE.
SO ORDERED.

s/Stephen J. Murphy, III
STEPHEN J. MURPHY, III
United States District Judge
Dated: February 17, 2016
I hereby certify that a copy of the foregoing document was served upon the parties and/or
counsel of record on February 17, 2016, by electronic and/or ordinary mail.
s/Carol Cohron
Case Manager

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