Heard v. Strange et al

Filing 61

OPINION and ORDER Accepting and Adopting 60 REPORT AND RECOMMENDATION re 46 MOTION for Summary Judgment, 43 MOTION for Partial Summary Judgment Signed by District Judge Nancy G. Edmunds. (LBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
LAMONT HEARD,
Plaintiff,

No. 17-13904

v.

Honorable Nancy G. Edmunds

YARNICE STRANGE,
KYLE SHANNON,
ADAM DOUGLAS,
CEDRIC GRIFFEY,
SCOTT SCHOOLEY, and
JEFFREY OASTERHOF,
Defendants.
_________________________________/
OPINION AND ORDER ACCEPTING AND ADOPTING THE MAGISTRATE
JUDGE’S MAY 10, 2019 REPORT AND RECOMMENDATION [60]
Currently before the Court is the Magistrate Judge’s May 10, 2019 report and
recommendation. (Dkt. 60.) The Court is fully advised in the premises and has
reviewed the record and the pleadings. No party has filed objections. “[T]he failure to
object to the magistrate judge’s report[] releases the Court from its duty to
independently review the matter.” Hall v. Rawal, No. 09-10933, 2012 U.S. Dist. LEXIS
120541, at *2 (E.D. Mich. Aug. 24, 2012) (citing Thomas v. Arn, 474 U.S. 140, 149
(1985)). The Court nevertheless agrees with the Magistrate Judge’s recommendation.
The Court therefore ACCEPTS and ADOPTS the Magistrate Judge’s report and
recommendation (Dkt. 60).
Accordingly, IT IS HEREBY ORDERED that Defendants’ motion for partial
summary judgment [43] is GRANTED IN PART.
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IT IS FURTHER ORDERED Plaintiff’s motion for summary judgment [46] is
DENIED.
IT IS FURTHER ORDERED that Defendants Douglas and Oasterhof are
DISMISSED from this action.
IT IS FURTHER ORDERED that Plaintiff’s claims based on his housing unit
transfer (January 2017 grievance) are DISMISSED. Plaintiff’s claims against
Defendants Griffey, Schooley, Shannon, and Strange based on his prison transfer
(July 2017 grievance) remain.
SO ORDERED.
s/Nancy G. Edmunds
Nancy G. Edmunds
United States District Judge
Dated: June 4, 2019
I hereby certify that a copy of the foregoing document was served upon counsel of
record on June 4, 2019, by electronic and/or ordinary mail.
s/Lisa Bartlett
Case Manager

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