Herrerra et al v. Michigan Department of Corrections et al

Filing 118

ORDER Adopting 110 Report and Recommendation re 62 Motion for More Definite Statement filed by Paula Burtch, Khan, 37 Motion for Default Judgment filed by Rueben Herrerra, 86 Motion for More Definite Statement filed by Piper, 63 Motion to D ismiss, filed by Khan, 44 Motion to Dismiss filed by James Armstrong, 34 Motion for Default Judgment filed by Rueben Herrerra, Rico Menefee, 32 Motion to Dismiss filed by Crystal Lesley, Nancy Lang, 24 Motion to Dismiss, and 96 Motion to Dismiss, filed by Piper. Signed by District Judge John Corbett O'Meara. (WBar)

Herrerra et al v. Michigan Department of Corrections et al

Doc. 118

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION REUBEN HERRERRA and RICO MENEFEE, Plaintiffs, v. MICHIGAN DEPARTMENT OF CORRECTIONS, et al., Defendants. ____________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION The Court having reviewed the March 2, 2011 Report and Recommendation filed by Magistrate Judge Paul J. Komives, as well as any objections thereto filed by the parties, and being fully advised in the premises; IT IS HEREBY ORDERED that the report and recommendation is ADOPTED in its entirety as the findings and conclusions of this Court. IT IS FURTHER ORDERED that Defendants' motions for more definite statement (doc. entries 62 and 86) are GRANTED, consistent with the report and recommendation. IT IS FURTHER ORDERED that Defendants' motions to dismiss (doc. entries 24, 32, and 44), and Defendants' motions to dismiss/for summary judgment (doc. entries 63 and 96) are DENIED without prejudice, consistent with the report and recommendation. Case no. 10-11215 HON. JOHN CORBETT O'MEARA

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IT IS FURTHER ORDERED that Plaintiffs' motions for default judgment (doc. entries 34 and 37) are DENIED.

s/John Corbett O'Meara United States District Judge Date: March 22, 2011

I hereby certify that a copy of the foregoing document was served upon counsel of record on this date, March 22, 2011, using the ECF system and upon Rueben Herrerra at Thumb Correctional Facility, 3225 John Conley Drive, Lapeer, MI 48446, and Rico Menefee at Newberry Correctional Facility, 3001 Newberry Avenue, Newberry, MI 49868 by first-class U.S. mail.

s/William Barkholz Case Manager

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