Burley v. Michigan Department of Corrections et al

Filing 107

ORDER adopting 98 Report and Recommendation and denying 79 plaintiff's Motion for Preliminary Injunction. Signed by District Judge George Caram Steeh. (MBea)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
EDWARD BURLEY #502426,
Plaintiff,
Case No. 16-CV-10712
vs.
HON. GEORGE CARAM STEEH
MICHIGAN DEPARTMENT
OF CORRECTIONS, ET AL.,
Defendants.
_________________________/
ORDER ACCEPTING MAGISTRATE
JUDGE'S REPORT AND RECOMMENDATION [DOC. 98]
This matter is before the court on plaintiff Edward
Burley’s action alleging that defendants violated his
constitutional rights by failing to provide him with
accommodations for his hearing disability while incarcerated.
Burley alleges that defendants have denied him his rights
under the First and Fourteenth Amendments and have
violated the Americans with Disabilities Act (“ADA”) and the
Rehabilitation Act. Plaintiff filed a motion for preliminary

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injunction [doc. 79] which was referred to the magistrate
judge for report and recommendation. The matter is
presently before the court on Magistrate Judge Morris’ report
and recommendation which recommends that Burley’s
motion for preliminary injunction be denied. 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.
The court agrees with the analysis conducted by the
magistrate judge, and therefore accepts her recommendation
that plaintiff=s motion for injunctive relief be DENIED.
Dated: March 22, 2017
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
March 22, 2017, by electronic and/or ordinary mail and also on
Edward Burley #502426, Carson City Correctional Facility,
10274 Boyer Rd. Carson City, MI 48811.
s/Barbara Radke
Deputy Clerk

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