Griffin v. Berghuis et al

Filing 27

ORDER Adopting 22 Report and Recommendation re 9 Motion for Summary Judgment; and Denying 25 Motion to Appoint Counsel, and 24 Motion to Defer. Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
RANDALL GRIFFIN,
Plaintiff,
Case No. 11-14876
v.
MARY K. BERGHUIS, et al.,

Hon. John Corbett O’Meara
Magistrate Judge Michael Hluchaniuk

Defendants.
__________________________/

ORDER ADOPTING REPORT AND RECOMMENDATION
Before the court is Magistrate Judge Hluchaniuk’s report recommending that Defendants’
motion for summary judgment be granted. In response, Plaintiff filed objections as well as
motions for discovery and to appoint counsel.
This court “shall make a de novo determination of those portions of the report or
specified proposed findings or recommendations to which objection is made. 28 U.S.C. §
636(b)(1)(C). The court “may accept, reject or modify, in whole or in part, the findings or
recommendations made by the magistrate.” Id. Having reviewed the papers, the court is
persuaded that Magistrate Judge Hluchaniuk’s analysis is correct and that summary judgment
should be granted. Although Plaintiff seeks discovery to prove that he engaged in protected
conduct, such evidence will not save his First Amendment claim, because he also has not
established that a legally recognized adverse action has been taken against him. See Report and
Recommendation at 12 (“Even if plaintiff could establish that he engaged in protected conduct
by making a witness statement in support of another inmate’s grievance or participating in the
investigation, he has identified no adverse action taken against him.”).

Accordingly, IT IS HEREBY ORDERED that Plaintiff’s August 22, 2012 motions for
discovery and the appointment of counsel are DENIED.
IT IS FURTHER ORDERED that Magistrate Judge Hluchaniuk’s August 3, 2012 report
and recommendation is ADOPTED. Defendants’ January 20, 2012 motion for summary
judgment is GRANTED and Plaintiff’s complaint is DISMISSED WITH PREJUDICE.
SO ORDERED.
s/John Corbett O'Meara
United States District Judge
Date: September 27, 2012

I hereby certify that a copy of the foregoing document was served upon the parties of
record on this date, September 27, 2012, using the ECF system and/or ordinary mail.

s/William Barkholz
Case Manager

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