Burns v. Brewer et al

Filing 50

ORDER Adopting 45 Report and Recommendation for Granting in Part and Denying in Part 26 Motion for Summary Judgment. Signed by District Judge Terrence G. Berg. (BSau)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
WILLIAM BURNS,
Plaintiff,

2:18-cv-10937
HON. TERRENCE G. BERG

v.
SHAWN BREWER, et al.,
Defendants.

ORDER ADOPTING REPORT
AND RECOMMENDATION
B

William Burns, a pro se plaintiff presently in the custody of the
Michigan Department of Corrections (“MDOC”), claims that Defendants,
employees of the MDOC, prohibited him from receiving proofs of books
he has authored, in violation of his civil rights. This case is now before
the Court on a motion for summary judgment filed by Defendants
Michelle Floyd, Jennifer Norder, James King, Christine McCumberHemry, Kimberly Napier, Shawn Brewer, and Greg Wilton (ECF No. 26),
and the corresponding report and recommendation issued by Magistrate
Judge Elizabeth A. Stafford (ECF No. 45). For reasons described below,
the report and recommendation will be accepted and adopted,
Defendants’ motion granted in part and denied in part, and claims
against Defendants Fredeane Artis and Brent Rohrig dismissed sua
sponte.

The Court has reviewed the Magistrate Judge’s report and
recommendation as well as the parties’ briefing on the MDOC
Defendants’ motion for summary judgment. The law provides that either
party may serve and file written objections “[w]ithin fourteen days after
being served with a copy” of the report and recommendation. 28 U.S.C. §
636(b)(1). As of this date, neither party has filed any objections to the
report and recommendation. The district court will make a “de novo
determination of those portions of the report . . . to which objection is
made.” Id. Where, as here, neither party objects to the report, the district
court is not obligated to independently review the record. See Thomas v.
Arn, 474 U.S. 140, 149-52 (1985). The Court will therefore accept the
Magistrate Judge’s report and recommendation of August 15, 2019 as
this Court’s findings of fact and conclusions of law.
For these reasons, it is hereby ORDERED that Magistrate Judge
Stafford’s report and recommendation (ECF No. 45) is ACCEPTED and
ADOPTED. The motion for summary judgment filed by Defendants
Michelle Floyd, Jennifer Norder, James King, Christine McCumberHemry, Kimberly Napier, Shawn Brewer, and Greg Wilton (ECF No. 26)
is therefore GRANTED IN PART and DENIED IN PART. The claims
against Defendants Floyd, Norder, McCumber-Hemry, Brewer, and
Wilton, are DISMISSED without prejudice. As recommended by
Magistrate Judge Stafford, the Court will also sua sponte dismiss
Plaintiff’s claims against Fredeane Artis and Brent Rohrig.
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Plaintiff’s claims against Defendants Napier and King remain to be
tried.
SO ORDERED.

Dated: September 11,
2019

s/Terrence G. Berg
TERRENCE G. BERG
UNITED STATES DISTRICT JUDGE

Certificate of Service
I hereby certify that this Order was electronically filed, and the
parties and/or counsel of record were served on September 11, 2019.
s/B. Sauve
Case Manager

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