Knop v. Warren et al

Filing 131

OPINION and ORDER (1) Adopting Magistrate Judge's 130 Report and Recommendation; and (2) Granting the Medical Defendants' 120 Motion for Summary Judgment. Signed by District Judge Linda V. Parker. (RLou)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
LORI KNOP,
Plaintiff,
Case No. 14-10185
Honorable Linda V. Parker

v.
MILLICENT WARREN, et al.,
Defendants.
________________________________/

OPINION AND ORDER (1) ADOPTING MAGISTRATE JUDGE’S
SEPTEMBER 11, 2015 REPORT AND RECOMMENDATION [ECF NO.
130] AND (2) GRANTING THE MEDICAL DEFENDANTS’ MOTION FOR
SUMMARY JUDGMENT [ECF NO. 120]
On January 15, 2014, Plaintiff Lori Knop commenced this civil rights action
pursuant to 42 U.S.C. § 1983 against numerous defendants. Plaintiff, a now
paroled Michigan Department of Corrections (“MDOC”) inmate, alleges that
Defendants violated her Eighth Amendment rights while she was incarcerated in
that they were deliberately indifferent to her serious medical condition.
Specifically, Plaintiff alleges that she was deprived of Armour Thyroid Hormone
for the five-month period between September 2012 and January 2013. The matter
has been referred to Magistrate Judge David R. Grand for all pretrial proceedings,
including a hearing and determination of all non-dispositive matters pursuant to 28

U.S.C. § 636(b)(1)(A) and/or a report and recommendation (“R&R”) on all
dispositive matters pursuant to 28 U.S.C. § 636(b)(1)(B). (ECF No. 47.)
On May 18, 2015, a motion for summary judgment was filed by the
defendants remaining in this action: Dr. Mohammad Azimi, Dr. Robert Lacy, Dr.
Claire Pei, Dr. Pu Qin, Dr. Sylvia McQueen, and PA Alice Kramer (collectively
“Medical Defendants”). (ECF No. 120.) Despite receiving an extension of time to
do so, Plaintiff failed to file a response to the motion. On September 11, 2015,
Magistrate Judge Grand issued his R&R recommending that this Court grant the
Medical Defendants’ motion. (ECF No. 130.) Magistrate Judge Grand finds no
evidence to suggest that Defendants McQueen or Azimi were personally involved
in medical decisions related to Plaintiff’s claims in this lawsuit. (Id. at 5.) With
respect to the remaining Medical Defendants, Magistrate Judge Grand concludes
from the undisputed evidence that they were not deliberately indifferent to
Plaintiff’s medical needs. (Id. at 6-10.)
At the conclusion of his R&R, Magistrate Judge Grand informs the parties
that they must file any objections within fourteen days. (Id. at 11.) He further
advises that the “[f]ailure to file specific objections constitutes a waiver of any
further right of appeal.” (Id., citations omitted). No objections were filed to
Magistrate Judge Grand’s R&R.

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The Court has carefully reviewed the R&R and concurs with the conclusions
reached by Magistrate Judge Grand. The Court therefore adopts Magistrate Judge
Grand’s recommendations in his September 11, 2015 R&R. The Court previously
dismissed Plaintiff’s claims against all of the other defendants named in her
Complaint. The termination of Plaintiff’s claims against the Medical Defendants
therefore terminates this lawsuit. As such, the Court will be entering a Judgment
after entering this decision.
Accordingly,
IT IS ORDERED, that the motion for summary judgment filed by
Defendants Dr. Mohammad Azimi, Dr. Robert Lacy, Dr. Claire Pei, Dr. Pu Qin,
Dr. Sylvia McQueen, and PA Alice Kramer is GRANTED.
s/ Linda V. Parker
LINDA V. PARKER
U.S. DISTRICT JUDGE
Dated: November 30, 2015
I hereby certify that a copy of the foregoing document was mailed to counsel of
record and/or pro se parties on this date, November 30, 2015, by electronic and/or
U.S. First Class mail.
s/ Richard Loury
Case Manager

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