Scott v. Lamb et al

Filing 27

ORDER Adopting 26 Report and Recommendation, granting in part and denying in part 17 Motion for Summary Judgment filed by Barry Lamb, M. Rourke Signed by District Judge Bernard A. Friedman. (CMul)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION JAMES SCOTT, Plaintiff, Civil Action No. 16-CV-13462 vs. HON. BERNARD A. FRIEDMAN BARRY LAMB and MARK ROARK, Defendants. _________________/ ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT This matter is presently before the Court on defendants’ motion for summary judgment [docket entry 26]. Magistrate Judge Anthony P. Patti has submitted a Report and Recommendation (“R&R”) in which he recommends that the motion be granted in part and denied in part. No party has filed objections to the R&R and the objection period has expired. Having reviewed the amended complaint, the motion papers, and the R&R, the Court agrees with the magistrate judge’s analysis and recommendation. Accordingly, IT IS ORDERED that Magistrate Judge Patti’s June 29, 2017, R&R is hereby accepted and adopted as the findings and conclusions of the Court. IT IS FURTHER ORDERED that defendants’ motion for summary judgment is granted in part and denied in part as follows: The motion is granted as to all claims against defendant Roark and as to the access-to-courts claim against defendant Lamb; the motion is denied as to the retaliation claims against defendant Lamb. S/ Bernard A. Friedman_________ BERNARD A. FRIEDMAN SENIOR UNITED STATES DISTRICT JUDGE Dated: July 18, 2017 Detroit, Michigan CERTIFICATE OF SERVICE The undersigned certifies that the foregoing document was served upon counsel of record and any unrepresented parties via the Court’s ECF System to their respective e-mail or First Class U.S. Mail addresses disclosed on the Notice of Electronic Filing on James Scott, #124522 s/Carol L. Mullins Case Manager 2

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