Frees #623134 v. Duby et al

Filing 66

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 65 ; dismissing as moot, Plaintiff's claims for injunctive relief; dismissing with prejudice, Plaintiff's claims for damages against defendants in their official capacities;denying Plaintiff's motion for summary judgment 37 ; granting Defendants' motion for summary judgment 40 ; signed by Judge Robert Holmes Bell (Judge Robert Holmes Bell, kcb)

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
GERALD FREES, #623134
Plaintiff,
File No. 1:10-cv-609
v.
HON. ROBERT HOLMES BELL
PAUL DUBY, et al.,
Defendants.
/

ORDER APPROVING AND ADOPTING
MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION

On November 2, 2011, Magistrate Judge Joseph G. Scoville issued a Report and
Recommendation (“R&R”) recommending that Plaintiff’s claims for injunctive relief be
dismissed as moot, that Plaintiff’s claims for damages against Defendants in their official capacities
be dismissed with prejudice because they are barred by Eleventh Amendment immunity, that
Plaintiff’s motion for summary judgment (Dkt. No. 37) be denied, that Defendants’ motion for
summary judgment (Dkt. No. 40) be granted, and that judgment be entered in Defendants’ favor on
all of Plaintiff’s claims for damages against Defendants in their individual capacities. (Dkt. No.
65.) No objections have been filed, and the deadline for doing so has expired. The Court
has reviewed the matter and concludes that the R&R correctly analyzes the issues and makes
a sound recommendation. Accordingly,
IT IS HEREBY ORDERED that the November 2, 2011, R&R (Dkt. No. 65) is
APPROVED and ADOPTED as the opinion of the Court.

IT IS FURTHER ORDERED that Plaintiff’s claims for injunctive relief are
DISMISSED as moot.
IT IS FURTHER ORDERED that Plaintiff’s claims for damages against defendants
in their official capacities are DISMISSED with prejudice.
IT IS FURTHER ORDERED that Plaintiff’s motion for summary judgment (Dkt.
No. 37) is DENIED.
IT IS FURTHER ORDERED that Defendants’ motion for summary judgment (Dkt.
No. 40) is GRANTED.

Dated: November 21, 2011

/s/ Robert Holmes Bell
ROBERT HOLMES BELL
UNITED STATES DISTRICT JUDGE