Vink v. Block et al

Filing 26

ORDER Adopting 25 Report and Recommendation and Granting 21 Motion to Dismiss filed by Mark Boomershine, Jordan Block. Signed by District Judge Shalina D. Kumar. (THal)

Case 4:21-cv-12801-SDK-PTM ECF No. 26, PageID.631 Filed 11/21/22 Page 1 of 2

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
BRIAN VINK,

Plaintiff,

v.

Case No. 21-cv-12801
Honorable Shalina D. Kumar
Magistrate Judge Patricia T. Morris

JORDAN BLOCK et al.,
Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION (ECF NO.
25) AND GRANTING DEFENDANTS’ MOTION TO DISMISS (ECF
NO. 21)
Brian Vink, a now-paroled former Michigan Department of
Corrections (MDOC) prisoner, filed a pro se complaint under 42 U.S.C. §
1983 alleging violations of his Eighth Amendment rights while he was
incarcerated. ECF No. 1. This case was referred to the magistrate judge for
all pretrial matters pursuant to 28 U.S.C. § 636(b). ECF No. 8. Defendants
filed a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6),
Vink filed a response, and defendants filed a reply. ECF No. 21, 23, 24.
On October 11, 2022, the assigned magistrate judge issued a Report
and Recommendation (R&R). ECF No. 25. The R&R recommends that the
Court grant defendants’ motion to dismiss for failure to state a claim upon

Case 4:21-cv-12801-SDK-PTM ECF No. 26, PageID.632 Filed 11/21/22 Page 2 of 2

which relief may be granted and dismiss Vink’s complaint. Id. No party has
filed objections to the R&R.
The Court has reviewed the record and ADOPTS the R&R relative to
defendants’ motion to dismiss as the findings and conclusions of the Court.
Accordingly,
IT IS ORDERED that defendants’ motion to dismiss (ECF No. 21) is
GRANTED and Vink’s complaint (ECF No. 1) is DISMISSED.

Dated: November 21, 2022

s/Shalina D. Kumar
SHALINA D. KUMAR
United States District Judge

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