Berkshire #371645 v. Curtin et al

Filing 98

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 81 , dismissing as moot Plaintiff's claims for injunctive relief 4 , granting Defendants' motions for summary judgment 19 and 33 , denying as moot Plaintiff's discovery motion s 86 and [95), overruling Plaintiff's appeal of the Magistrate Judge's June 14, 2012, order on pending discovery motions 87 , affirming the Magistrate Judge's order on pending discovery motions 80 , and denying as moot, Defendants' second motion to stay discovery 90 ; signed by Judge Robert Holmes Bell (Judge Robert Holmes Bell, kcb)

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UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION RANDY BERKSHIRE, #371645, Plaintiff, File No. 1:10-CV-942 v. HON. ROBERT HOLMES BELL ROBERT SANDERS, et al., Defendants. / ORDER APPROVING AND ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION In accordance with the opinion entered this date, IT IS HEREBY ORDERED that Plaintiff’s objections to the R&R (Dkt. No. 88) are OVERRULED. IT IS FURTHER ORDERED that the June 14, 2012, R&R of the Magistrate Judge (Dkt. No. 81) is APPROVED and ADOPTED as the opinion of the Court. IT IS FURTHER ORDERED that Plaintiff’s claims for injunctive relief (Dkt. No. 4) are DISMISSED AS MOOT. IT IS FURTHER ORDERED that Defendants’ motions for summary judgment (Dkt. Nos. 19, 33) are GRANTED. IT IS FURTHER ORDERED that Plaintiff’s discovery motions (Dkt. Nos. 86, 95) are DENIED AS MOOT. IT IS FURTHER ORDERED that Plaintiff’s appeal of the Magistrate Judge’s June 14, 2012, order on pending discovery motions (Dkt. No. 87) is OVERRULED, and that the Magistrate Judge’s order on pending discovery motions (Dkt. No. 80) is AFFIRMED. IT IS FURTHER ORDERED that Defendants’ second motion to stay discovery (Dkt. No. 90) is DENIED AS MOOT. Dated: September 27, 2012 /s/ Robert Holmes Bell ROBERT HOLMES BELL UNITED STATES DISTRICT JUDGE 2

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