Straughter v. Sherry et al

Filing 36

ORDER Adopting 33 Report and Recommendation, Granting 20 Motion for Summary Judgment filed by Marti Kay Sherry and Dismissing Sherry. Signed by District Judge Shalina D. Kumar. (THal)

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Case 4:22-cv-10856-SDK-DRG ECF No. 36, PageID.230 Filed 09/19/22 Page 1 of 2 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION CHRISTOPHER STRAUGHTER, Plaintiff, v. Case No. 22-10856 Honorable Shalina D. Kumar Magistrate Judge David R. Grand MARTI KAY SHERRY et al., Defendants. ORDER ADOPTING REPORT AND RECOMMENDATION (ECF NO. 33), GRANTING DEFENDANT SHERRY’S MOTION FOR SUMMARY JUDGMENT (ECF NO. 20), & DISMISSING SHERRY FROM THE CASE Pro se plaintiff Christopher Straughter, currently incarcerated at the Parnall Correctional Facility, filed a 42 U.S.C. § 1983 complaint against Michigan Department of Corrections employees Marti Kay Sherry (“Sherry”) and Samantha Price (“Price”), alleging Eighth Amendment violations based on the denial of medical care when he was housed at the Central Michigan Correctional Facility. 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. 9. On July 20, 2022, Sherry filed a Motion for Summary Judgment (ECF No. 20), and Straughter filed a response on August 29, 2022 (ECF No. 32). Page 1 of 2 Case 4:22-cv-10856-SDK-DRG ECF No. 36, PageID.231 Filed 09/19/22 Page 2 of 2 On August 31, 2022, the assigned magistrate judge issued a Report and Recommendation (“R&R”). ECF No. 33. The R&R recommends that the Court grant Sherry’s motion for summary judgment on exhaustion grounds. Id. No party has filed an objection to the R&R. The Court has reviewed the record and ADOPTS the R&R as the findings and conclusions of the Court. Accordingly, IT IS ORDERED that Sherry’s motion for summary judgment (ECF No. 20) is GRANTED. IT IS FURTHER ORDERED that Sherry is DISMISSED from this case. Dated: September 19, 2022 s/Shalina D. Kumar SHALINA D. KUMAR United States District Judge Page 2 of 2

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