Kitchen v. Winn et al

Filing 33

ORDER adopting 31 Report and Recommendation (granting and denying in part 25 Motion for Summary Judgment and dismissing claims for money damages against defendants in their official capacities) Signed by District Judge George Caram Steeh. (MBea)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
MICHAEL KITCHEN,
Plaintiff,
Case No. 17-cv-11627
HON. GEORGE CARAM STEEH

vs.
O’BELL T. WINN, WILLIAM
FOY, NANNIE CULBERSON,
THOMAS HAYNES, KETURAH
MORRIS, MARK CHALKER,
BRADLEY ODETTE, BOBBY
KARL, TONY GLYNN, BRIAN
TROMBLEY, and UNKNOWN
SUPERVISORS OR GUARDS,
Defendants.
__________________________/

ORDER ACCEPTING MAGISTRATE JUDGE’S
REPORT AND RECOMMENDATION (DOC. 31)
This matter is before the Court on a motion for summary judgment
filed by defendants O’Bell Winn, William Foy, Nannie Culberson, Thomas
Haynes, Keturah Morris, Mark Chalker, Bradley Odette, Bobby Karl, Tony
Glynn, and Brian Trombley. (Doc. 25). On April 20, 2018, Magistrate Judge
Anthony P. Patti issued a report and recommendation recommending that
defendants’ motion be granted in part and denied in part; denying the
motion as it relates to dismissal on the basis of failure to exhaust and
granting the motion as it relates to dismissal of plaintiff Michael Kitchen’s
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claims for money damages against defendants in their official capacities.
(Doc. 31 at PageID 309).
The Court has reviewed the file, record, and magistrate judge’s report
and recommendation. Objections to that report have not been filed within
the established time period. The Court accepts the report and
recommendation. Accordingly,
IT IS HEREBY ORDERED that the magistrate judge’s report and
recommendation is accepted.
IT IS FURTHER ORDERED that defendants’ motion for summary
judgment is GRANTED IN PART AND DENIED IN PART. Plaintiff’s claims
for money damages against defendants in their official capacities shall be
DISMISSED.
IT IS SO ORDERED.
Dated: May 22, 2018
s/George Caram Steeh
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDG
CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
May 22, 2018, by electronic and/or ordinary mail and also on
Michael Kitchen #189265, Carson City Correctional Facility,
10274 Boyer Road, Carson City, MI 48811.
s/Barbara Radke
Deputy Clerk

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