Kitchen v. Winn et al

Filing 63

ORDER adopting 58 Report and Recommendation, denying 52 Motion for Summary Judgment and denying as moot 53 motion for enlargement of time. Signed by District Judge George Caram Steeh. (MBea)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
MICHAEL KITCHEN,
Plaintiff,

Case No. 17-11627

v.

HON. GEORGE CARAM STEEH

O’BELL T. WINN, et al.,
Defendants.
__________________________/
ORDER ADOPTING REPORT
AND RECOMMENDATION (DOC. 58)
On April 10, 2019, Magistrate Judge Anthony P. Patti submitted his
report and recommendation, proposing that the court deny Plaintiff’s motion
for summary judgment without prejudice and deny Defendant’s motion for
enlargement of time as moot. No timely objections have been filed.
With respect to reports and recommendations from magistrate
judges, this court “shall make a de novo determination of those portions of
the report or specified proposed findings or recommendations to which
objection is made.” 28 U.S.C. § 636(b)(1)(C). The court “may accept, reject
or modify, in whole or in part, the findings or recommendations made by the
magistrate.” Id.

-1-

In light of the lack of objections, the court will accept Magistrate
Judge Patti’s report and recommendation.
IT IS HEREBY ORDERED that Magistrate Judge Patti’s report and
recommendation (Doc. 58) is ADOPTED as the order of the court.
IT IS FURTHER ORDERED that Plaintiff’s motion for summary
judgment (Doc. 52) is DENIED WITHOUT PREJUDICE and Defendant’s
motion for enlargement of time (Doc. 53) is DENIED AS MOOT.
Dated: May 6, 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
May 6, 2019, by electronic and/or ordinary mail and also on
Michael Kitchen #189265, Michigan Reformatory,
1342 West Main Street, Ionia, MI 48846.
s/Barbara Radke
Deputy Clerk

-2-