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)

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