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)

Download PDF
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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?