Owusu v. Michigan Department of Corrections Pain Management Committee et al

Filing 162

ORDER Adopting 157 Report and Recommendation. Signed by District Judge Judith E. Levy. (SBur)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION Nathaniel K. Owusu (aka Nathaniel Porter), Case No. 16-cv-12490 Plaintiff, Judith E. Levy United States District Judge v. Michigan Department of Corrections Pain Management Committee et al, Mag. Judge Mona K. Majzoub Defendants. ________________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION [157] Before the Court is Magistrate Judge Majzoub’s Report and Recommendation (Dkt. 157) recommending the Court: (1) deny the Michigan Department of Corrections Pain Management Committee, William C. Borgerding, Gary R. Kerstein, Terry Byrne, Theresa Merling, and Michael Brown’s (collectively, the “MDOC defendants”) motion for summary judgment on the basis of exhaustion only (Dkt. 125); and (2) grant MDOC defendants’ motion for enlargement of time in which to comply with court’s scheduling order (Dkt. 142). The parties were 1 required to file specific written objections within 14 days of service. Fed. R. Civ. P. 72(b)(2); E.D. Mich. L.R. 72.1(d). No objections were filed. The Court has nevertheless carefully reviewed the Report and Recommendation, and concurs in the reasoning and result. Accordingly, The Report and Recommendation (Dkt. 157) is ADOPTED; MDOC defendants’ motion for summary judgment as to exhaustion only (Dkt. 125) is DENIED; and MDOC defendants’ motion for enlargement of time (Dkt. 142) is GRANTED. The MDOC defendants are ordered to submit a proposed scheduling order for the Court’s consideration within which to conduct additional discovery regarding plaintiff’s claims against defendants Merling and/or Brown and to file a dispositive motion. IT IS SO ORDERED. Dated: November 20, 2018 Ann Arbor, Michigan s/Judith E. Levy JUDITH E. LEVY United States District Judge 2 CERTIFICATE OF SERVICE The undersigned certifies that the foregoing document was served upon counsel of record and any unrepresented parties via the Court’s ECF System to their respective email or First Class U.S. mail addresses disclosed on the Notice of Electronic Filing on November 20, 2018. s/Shawna Burns SHAWNA BURNS Case Manager 3

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