Brown v. Rivard et al

Filing 28

ORDER Adopting 7/14/2017 26 Report and Recommendation. Signed by District Judge Sean F. Cox. (TMcg)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

Ronald Brown,
Plaintiff,
v.

Case No. 16-11837

Steve Rivard, et al.,

Sean F. Cox
United States District Court Judge

Defendants.
______________________________/
ORDER ADOPTING
7/14/17 REPORT AND RECOMMENDATION
Acting pro se, Plaintiff commenced this action on May 12, 2016, and the action was
transferred to this Court on May 23, 2016. Thereafter, this Court referred the matter for pretrial
proceedings before Magistrate Judge Steven Whalen.
On July 14, 2017, Magistrate Judge Whalen issued a Report and Recommendation
(“R&R”) (Docket Entry No. 26) wherein he recommends that the Court grant in part and deny in
part a motion for summary judgment filed by multiple defendants. More specifically, he
recommends that: 1) the Court grant the motion as to Defendants Rivard, Kellogg, Bugbee,
Sheet-Parsons, and Barnett, and dismiss those Defendants without prejudice under 42 U.S.C. §
1997e(a); and 2) deny the motion as to Defendants Siefker and Sounder, without prejudice to
their filing a renewed motion for summary judgment following discovery.
The time for filing objections to the R&R has expired and the docket reflects that
no objections have been filed. The Court hereby ADOPTS the July 14, 2017 R&R and
ORDERS that: 1) the Motion for Summary Judgment is GRANTED as to Defendants Rivard,
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Kellogg, Bugbee, Sheet-Parsons, and Barnett, and those Defendants are dismissed without
prejudice under 42 U.S.C. § 1997e(a); and 2) the motion is DENIED as to Defendants Siefker
and Sounder, without prejudice to their filing a renewed motion for summary judgment
following discovery.
IT IS SO ORDERED.
s/Sean F. Cox
Sean F. Cox
United States District Judge
Dated: August 21, 2017
I hereby certify that a copy of the foregoing document was served upon counsel of record on
August 21, 2017, by electronic and/or ordinary mail.
s/Teresa McGovern
Case Manager Generalist

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