Courtney v. Prison Health Services et al
Filing
65
ORDER Accepting and Adopting Report and Recommendation and Granting 18 Motion for Summary Judgment, filed by Patricia Caruso, Larry McMillan, Debra L Scutt, Michigan Department of Corrections, Karen R Hamblin, and Cindy L Murphy. Signed by District Judge Mark A. Goldsmith. (BSoc)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
BRIAN COURTNEY,
Plaintiff,
Civil Action No.
10-CV-14123
vs.
HON. MARK A. GOLDSMITH
PRISON HEALTH SERVICES, et al.,
Defendants.
________________________________/
ORDER ACCEPTING AND ADOPTING THE MAGISTRATE JUDGE’S REPORT
AND RECOMMENDATION
and
GRANTING SUMMARY JUDGMENT IN FAVOR OF DEFENDANTS MICHIGAN
DEPARTMENT OF CORRECTIONS, CARUSO, SCUTT, MCCMILLAN, MURPHY,
AND HAMBLIN
This matter is presently before the Court on the Report and Recommendation
(“R&R”) of Magistrate Judge Charles E. Binder, issued on July 21, 2011. The Magistrate
Judge recommends that summary judgment be granted in favor of Defendants Michigan
Department of Corrections (MDOC), Caruso, Scutt, McMillan, Murphy, and Hamblin.
Plaintiff has not filed objections to the R&R, and the time to do so has expired.1 Thus,
Plaintiff has waived any further right to appeal. Thomas v. Arn, 474 U.S. 140, 155 (1985).
In any event, the Court has reviewed the R&R and finds that the Magistrate Judge has
reached the correct result for the correct reasons.
Accordingly, it is ORDERED as follows:
(1) The Magistrate Judge’s R&R [docket entry 58] is accepted and adopted as the
findings and conclusions of the Court.
1
Plaintiff was granted an extension of time in which to file objections; however, he has failed
to do so. See docket entry 62.
(2) The motion for summary judgment of Defendants MDOC, Caruso, Scutt,
McMillan, Murphy, and Hamblin [docket entry 18] is granted.
Dated: September 2, 2011
Flint, Michigan
s/Mark A. Goldsmith
MARK A. GOLDSMITH
United States District Judge
CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing document was served upon counsel of
record and any unrepresented parties via the Court's ECF System to their respective email or
First Class U.S. mail addresses disclosed on the Notice of Electronic Filing on September 2,
2011.
s/Deborah J. Goltz
DEBORAH J. GOLTZ
Case Manager
2
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