Crawford v. Washington et al

Filing 47

OPINION and ORDER (1) Adopting Magistrate Judge's 46 Report and Recommendation; (2) Granting 33 Motion for Summary Judgment by Defendants Quality Correctional Care of Michigan and Craig Hutchinson; (3) Dismissing Plaintiff's Claims Against Defendant Michigan Corrections Commission. Signed by District Judge Linda V. Parker. (RLou)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
KENNETH CRAWFORD,
Plaintiff,
Civil Case No. 17-11423
Honorable Linda V. Parker

v.

HEIDI WASHINGTON,
MICHIGAN DEPARTMENT OF
CORRECTIONS, CRAIG HUTCHINSON,
QUALITY CORRECTIONAL CARE OF
MICHIGAN, and MICHIGAN CORRECTIONS
COMMISSION
Defendants.
______________________/
OPINION AND ORDER (1) ADOPTING MAGISTRATE JUDGE’S JUNE
11, 2018 REPORT AND RECOMMENDATION [ECF NO. 46]; (2)
GRANTING MOTION FOR SUMMARY JUDGMENT BY DEFENDANTS
QUALITY CORRECTIONAL CARE OF MICHIGAN AND CRAIG
HUTCHINSON (ECF NO. 33); AND (3) DISMISSING PLAINTIFF’S
CLAIMS AGAINST DEFENDANT MICHIGAN CORRECTIONS
COMMISSION
This is a civil rights action brought pursuant to 42 U.S.C. § 1983, in which
Plaintiff alleges deliberate indifference to his serious medical needs. On December
29, 2017, Defendants Craig Hutchinson, M.D. and Quality Correctional Care of
Michigan filed a motion for summary judgment. (ECF No. 33.) The matter has
been assigned to Magistrate Judge Anthony P. Patti for all pretrial proceedings,
including a hearing and determination of all non-dispositive matters pursuant to 28
1

U.S.C. § 636(b)(1)(A) and/or a report and recommendation on all dispositive
matters pursuant to 28 U.S.C. § 636(b)(1)(B). (ECF No. 9.)
Magistrate Judge Patti issued a report and recommendation (“R&R”) on
June 11, 2018, in which he recommends that the Court grant the pending summary
judgment motion. (ECF No. 46.) Magistrate Judge Patti further recommends that
the Court sua sponte dismiss Plaintiff’s claims against the Michigan Corrections
Commission pursuant to 28 U.S.C. § 1915A(b)(1) because Plaintiff fails to state a
viable claim against this defendant. At the conclusion of the R&R, Magistrate
Judge Patti advises that the parties may object to and seek review of the R&R
within fourteen days of service upon them. (Id. at Pg ID 302-03.) He further
specifically advises the parties that “[f]ailure to timely file objections constitutes a
waiver of any further right to appeal.” (Id. at Pg ID 302) Neither party filed
objections to the R&R.
The Court has carefully reviewed the R&R and concurs with the conclusions
reached by Magistrate Judge Patti. The Court therefore adopts the R&R.
Accordingly,
IT IS ORDERED that the motion for summary judgment filed by
Defendants Craig Hutchinson and Quality Correctional Care of Michigan (ECF
No. 33) is GRANTED;

2

IT IS FURTHER ORDERED that Plaintiff’s claims against Defendant
Michigan Corrections Commission are sua sponte dismissed pursuant to 28 U.S.C.
§ 1915(A)(b)(1).
s/ Linda V. Parker
LINDA V. PARKER
U.S. DISTRICT JUDGE
Dated: July 23, 2018
I hereby certify that a copy of the foregoing document was mailed to counsel of
record and/or pro se parties on this date, July 23, 2018, by electronic and/or U.S.
First Class mail.
s/ R. Loury
Case Manager

3