Herrerra et al v. Michigan Department of Corrections et al

Filing 186

ORDER Adopting 172 Report and Recommendation re 53 Motion for Preliminary Injunction filed by Rueben Herrerra, 140 Motion to Dismiss, filed by Paula Burtch, Khan, Piper, 157 Motion for Summary Judgment filed by Rico Menefee, 112 Motion to D ismiss filed by Michigan Department of Corrections, 130 Motion to Dismiss filed by Larry McMillan, Nancy Lange, Crystal Lesley, George Pramstaller, James Armstrong, Jeffrey Stieve, Patricia L. Caruso, 125 Motion to Certify Class, Motion to Appoint Counsel filed by Rico Menefee. Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
RUEBEN HERRERRA and RICO MENEFEE,
Plaintiffs,
Case No. 10-11215
v.
Honorable John Corbett O’Meara
MICHIGAN DEPARTMENT OF
CORRECTIONS, et al.,
Defendants.
/
ORDER ADOPTING REPORT AND RECOMMENDATION (#172)
This matter came before the court on Plaintiffs' August 9, 2011 and August 26, 2011
objections to the Report and Recommendation (document no. 172) filed by Magistrate Judge Paul
Komives on July 22, 2011. Defendants filed a response to the objections on August 15, 2011.
Pursuant to Rule 72(b) of the Federal Rules of Civil Procedure, 28 U.S.C. § 636(b)(1)(B), and
LR 72.1(d), the court has reviewed the report and recommendation as well as the parties' objections
and response filed thereto. After conducting a de novo review, the court accepts the magistrate
judge's report and recommendation as the court's findings and conclusions. Accordingly,
IT IS HEREBY ORDERED that the report and recommendation is ADOPTED.
IT IS FURTHER ORDERED that Plaintiffs' motion for preliminary injunction (#53) is
DENIED; Defendant's motion to dismiss (#112) is GRANTED; Plaintiffs' motion to certify class
(#125) is DENIED; Defendants' motion to dismiss (#130) is GRANTED; Defendants' motion to
dismiss (#140) is GRANTED; and Plaintiff's motion for summary judgment (#157) is DENIED.

s/John Corbett O'Meara
United States District Judge
Date: September 1, 2011

I hereby certify that a copy of the foregoing document was served upon counsel of record on
this date, September 1, 2011, using the ECF system, and upon Rueben Herrerra at Thumb
Correctional Facility, 3225 John Conley Drive, Lapeer, MI 48446; 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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