Gaither v. Thompson et al

Filing 34

MEMORANDUM OPINION AND ORDER Accepting and Adopting Magistrate Judge's 32 Report and Recommendation regarding 26 Motion for Partial Summary Judgment. Signed by District Judge Bernard A. Friedman. (JCur)

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Case 2:19-cv-13398-BAF-DRG ECF No. 34, PageID.225 Filed 11/18/21 Page 1 of 2 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ANTONIO GAITHER, #229868, Plaintiff, vs. Civil Action No. 19-cv-13398 HON. BERNARD A. FRIEDMAN MAG. DAVID R. GRAND THOMPSON, et al. Defendants. ______________________________/ MEMORANDUM OPINION AND ORDER This matter is before the Court on Magistrate Judge David R. Grand’s Report and Recommendation dated October 25, 2021 (“R&R”). (ECF No. 32). The R&R recommended that the Court grant in part and deny in part defendants’ motion for partial summary judgment and to dismiss the unexhausted claims. (ECF No. 26). None of the parties objected to the R&R pursuant to Fed. R. Civ. P. 72(b)(2). This Court had an opportunity to fully review the matter and believes the magistrate judge reached the correct conclusions for the proper reasons. Accordingly, IT IS ORDERED that Magistrate Judge David R. Grand’s October 25, 2021 Report and Recommendation is hereby accepted and adopted. Case 2:19-cv-13398-BAF-DRG ECF No. 34, PageID.226 Filed 11/18/21 Page 2 of 2 IT IS FURTHER ORDERED that defendants’ motion for partial summary judgment as to plaintiff’s retaliatory misconduct report and retaliatory sexual assault claims is denied. IT IS FURTHER ORDERED that defendants’ motion for partial summary judgment as to plaintiff’s remaining retaliation claims (with the exception of plaintiff’s retaliatory transfer claim, which defendants concede is exhausted) is granted. IT IS FURTHER ORDERED that dismissal of plaintiff’s official capacity claims on Eleventh Amendment immunity grounds is denied insofar as those claims seek injunctive relief and granted insofar as they seek monetary damages. s/Bernard A. Friedman Bernard A. Friedman Senior United States District Judge Dated: November 18, 2021 Detroit, Michigan CERTIFICATE OF SERVICE The undersigned certifies that a copy of the foregoing order was served upon each attorney or party of record herein by electronic means or first-class U.S. mail on November 18, 2021. Antonio Gaither #229868 MACOMB CORRECTIONAL FACILITY 34625 26 MILE ROAD NEW HAVEN, MI 48048 s/Johnetta M. Curry-Williams Case Manager

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