Forth #197279 et al v. Berghuis et al

Filing 61

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 53 ; defendants' Motion for Summary Judgment 32 is granted in part and denied in part as follows: (a) all plaintiff's claims for injunctive relief are dismissed as moot; (b) defendants' motion for judgment on the Eighth Amendment claims brought against them in their individual capacities for damages is denied; signed by Judge Janet T. Neff (Judge Janet T. Neff, rmw)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
KEITH FORTH et al.,
Plaintiffs,
v

Case No. 1:08-cv-368
HON. JANET T. NEFF

MARY BERGHUIS et al.,
Defendants.
_______________________________/
ORDER REGARDING REPORT AND RECOMMENDATION
This is a prisoner civil rights action filed pursuant to 42 U.S.C. § 1983. Defendants filed a
motion for summary judgment (Dkt 32). The matter was referred to the Magistrate Judge, who
issued a Report and Recommendation, recommending that this Court grant Defendants’ motion in
part and deny it in part. The Report and Recommendation was duly served on the parties. No
objections have been filed. See 28 U.S.C. § 636(b)(1). Therefore,
IT IS HEREBY ORDERED that the Report and Recommendation (Dkt 53) is APPROVED
and ADOPTED as the Opinion of the Court.
IT IS FURTHER ORDERED that the Motion for Summary Judgment (Dkt 32) is
GRANTED IN PART AND DENIED IN PART as follows:
(a) all plaintiff’s claims for injunctive relief are dismissed as moot; (b) defendants’ motion for
judgment on the Eighth Amendment claims brought against them in their individual capacities for
damages is denied.

Date: April 25, 2011

/s/ Janet T. Neff
JANET T. NEFF
United States District Judge