Mitchell v. Michigan, State of et al

Filing 23

ORDER Adopting Report and Recommendation 22 ; granting deft's Motion 17 for Summary Judgment; and denying pltf's motion to subpoena video surveillance 21 and dismissing matter without prejudice. Signed by District Judge Nancy G. Edmunds. (CBet)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

ORLANDO MITCHELL,
Case No. 16-10247
Plaintiff,
Honorable Nancy G. Edmunds
v.
DANIEL BARSTOLE, et al.,
Defendants.
/
ORDER ACCEPTING AND ADOPTING THE MAGISTRATE JUDGE’S REPORT AND
RECOMMENDATION [22]; GRANTING DEFENDANTS’ MOTION FOR SUMMARY
JUDGMENT [17]; DENYING PLAINTIFF'S MOTION TO SUBPOENA VIDEO
SURVEILLANCE [21]; AND DISMISSING THE MATTER WITHOUT PREJUDICE
This matter comes before the Court on the Magistrate Judge’s Report and
Recommendation.1 (Dkt. 22.) Defendants filed a motion for summary judgment based on
Plaintiff's failure to exhaust administrative remedies, and Plaintiff filed a motion to subpoena
video evidence that he claims contains evidence to support his claims. The Magistrate
Judge recommends granting Defendants' motion, denying Plaintiff's motion as moot, and
dismissing the matter without prejudice. Neither party has filed objections. Being fully
advised in the premises and having reviewed the record and the pleadings, including the
Report and Recommendation, in accordance with 28 U.S.C. § 636(b)(1), the Court hereby
ACCEPTS AND ADOPTS the Magistrate Judge’s Report and Recommendation. It is
further ordered that Defendants’ motion for summary judgment is GRANTED, Plaintiff's

1

Although the first named Defendant's actual name is Daniel Bierstetel, the Court uses
"Barstole" in the caption because that name appears in the Complaint and on the docket.

motion to subpoena video evidence is DENIED, and the matter is DISMISSED WITHOUT
PREJUDICE.
SO ORDERED.
S/Nancy G. Edmunds
Nancy G. Edmunds
United States District Judge
Dated: December 1, 2016
I hereby certify that a copy of the foregoing document was served upon counsel of
record on December 1, 2016, by electronic and/or ordinary mail.
S/Carol J. Bethel
Case Manager

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