Crowell v. Abdellatif et al

Filing 43

ORDER adopting 41 Report and Recommendation; granting 27 Motion for Summary Judgment. Signed by District Judge Arthur J. Tarnow. (MLan)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION RICHARD CROWELL, Case No. 15-13825 SENIOR U.S. DISTRICT JUDGE ARTHUR J. TARNOW Plaintiff, v. U.S. MAGISTRATE JUDGE R. STEVEN WHALEN BADAWI ABDELLATIF, ET AL. Defendants. / ORDER ADOPTING REPORT AND RECOMMENDATION [41] AND GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT [27] Plaintiff Richard Crowell, a Michigan state prisoner, alleges that Defendants Dr. Badawi Abdellatif and his employer, Corizon Health, Inc., acted with blatant deliberate indifference to his well-documented chronic conditions, including (among others) sleep apnea, degenerative disc disease, and irritable bowel syndrome, in violation of the Eighth Amendment’s ban on cruel and unusual punishment. Defendants filed a Motion for Summary Judgment [27] on July 18, 2016. The parties have briefed the motion and on March 8, 2017, the Magistrate Judge issued a Report & Recommendation [41] recommending that the Court grant Defendants’ Motion for Summary Judgment and dismiss the claims against Defendants with prejudice. No objections were filed. 1 The Court having reviewed the briefings and the Report and Recommendation [41], the Report and Recommendation is hereby ADOPTED and entered as the findings and conclusions of the Court. Accordingly, IT IS ORDERED that Defendants’ Motion for Summary Judgment [27] is GRANTED. Plaintiff’s claims against Defendants Dr. Badawi Abdellatif and Corizon Health, Inc. are hereby DISMISSED WITH PREJUDICE. SO ORDERED. Dated: March 29, 2017 s/Arthur J. Tarnow Arthur J. Tarnow Senior United States District Judge 2 of 2

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