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)
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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