Burley v. Rider et al

Filing 29

ORDER accepting 26 Report and Recommendation and denying 11 Motion to reopen dismissed claims. Signed by District Judge George Caram Steeh. (MBea)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
EDWARD DONALD BURLEY,
Plaintiff,
Case No. 17-CV-10110
vs.
HON. GEORGE CARAM STEEH
RHONDA RIDER,
Defendants.
_____________________________/
ORDER ACCEPTING MAGISTRATE
JUDGE'S REPORT AND RECOMMENDATION [ECF No. 26]
Plaintiff Edward Donald Burley filed this pro se civil rights action
against various Michigan Department of Corrections (MDOC) employees
on January 12, 2017. The case was transferred to the Western District,
where all of plaintiff’s claims were dismissed except for his Eighth
Amendment claim alleging that defendant Rhonda Rider was deliberately
indifferent to his serious medical needs by providing inaccurate medical
records with respect to his claim for a health-related accommodation.
After the case returned to this District, plaintiff filed the present motion to
reopen the dismissed claims (ECF No. 11) under Fed. R. Civ. P. 54(b).
Plaintiff maintains that the previous report and recommendation failed to
address all of his claims. Plaintiff’s motion was referred to Magistrate
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Judge Morris, who issued a report and recommendation recommending
that plaintiff’s motion to reopen a prior interlocutory order be denied.
The court has reviewed the file, record, and magistrate judge's report
and recommendation. Objections to that report have not been filed by
plaintiff within the established time period. The court agrees with the
analysis conducted by the Magistrate Judge, and therefore accepts her
recommendation in its entirety. Accordingly,
IT IS HEREBY ORDERED that the Magistrate Judge’s report and
recommendation be accepted.
IT IS HEREBY FURTHER ORDERED plaintiff’s motion to reopen
claims be DENIED.
Dated: August 28, 2019
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
August 28, 2019, by electronic and/or ordinary mail.
s/Marcia Beauchemin
Deputy Clerk

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