Griffin v. Berghuis et al

Filing 88

ORDER Adopting 85 Report and Recommendation re 75 Motion for Summary Judgment. Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
RANDLE 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 January 3, 2016 report
and recommendation, in which he recommends that Defendants’ second motion for
summary judgment be denied. Defendants filed timely objections, to which
Plaintiff responded.
With respect to reports and recommendations from magistrate judges, 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 record, including the Sixth Circuit’s April 21, 2014
opinion, the court agrees with Magistrate Judge Hluchaniuk’s analysis and

recommendation.
THEREFORE, IT IS HEREBY ORDERED that Magistrate Judge
Hluchaniuk’s January 3, 2016 report and recommendation is ADOPTED.
IT IS FURTHER ORDERED that Defendants’ motion for summary
judgment is DENIED.
s/John Corbett O’Meara
United States District Judge
Date: March 24, 2016

I hereby certify that a copy of the foregoing document was served upon
counsel of record on this date, March 24, 2016, using the ECF system.

s/William Barkholz
Case Manager

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