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)

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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 2

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