Ogle #712607 v. Prisoner Health Services et al

Filing 34

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 32 , granting defendants' motions for summary judgment 11 28 ; Partial Judgment is entered in favor of Defendants Karen Wright, Kevin Molenkamp, Lori Kissau, and Jeannie Stephenson on al l Plaintiff's claims for damages against them in their individual capacities. Plaintiff's only remaining claim is his Eighth Amendment claim for damages against Nurse Paula Meyer in her individual capacity ; signed by Judge Robert Holmes Bell (Judge Robert Holmes Bell, kcb)

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

GLENN OGLE, #712607,
Plaintiff,
File No: 1:11-CV-124
v.
HON. ROBERT HOLMES BELL
KAREN WRIGHT, et al.,
Defendants.
/
ORDER APPROVING AND ADOPTING
MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
On February 6, 2012, Magistrate Judge Joseph G. Scoville issued a Report and
Recommendation (“R&R”) recommending that Plaintiff’s claims for declaratory and
injunctive relief be dismissed as moot, that all Plaintiff’s claims for damages against
Defendants in their official capacities be dismissed with prejudice because they are barred
by Eleventh Amendment immunity, that Defendants’ motions for summary judgment (Dkt.
No. 11, 28) be granted, and that a partial judgment be entered in favor of Defendants Wright,
Molenkamp, Kissau, and Stephenson on all Plaintiff’s claims for damages against them in
their individual capacities. The R&R was duly served on the parties. 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.

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Accordingly,
IT IS HEREBY ORDERED that the R&R (Dkt. No. 32) is APPROVED and
ADOPTED as the opinion of the Court.
IT IS FURTHER ORDERED that Plaintiff’s claims for declaratory and injunctive
relief are DISMISSED AS MOOT.
IT IS FURTHER ORDERED that all Plaintiff’s claims for damages against
Defendants in their official capacities are DISMISSED WITH PREJUDICE because they
are barred by Eleventh Amendment immunity.
IT IS FURTHER ORDERED that Defendants’ motions for summary judgment (Dkt.
Nos. 11, 28) are GRANTED.
IT IS FURTHER ORDERED that a PARTIAL JUDGMENT is entered in favor
of Defendants Karen Wright, Kevin Molenkamp, Lori Kissau, and Jeannie Stephenson on
all Plaintiff’s claims for damages against them in their individual capacities. Plaintiff’s only
remaining claim is his Eighth Amendment claim for damages against Nurse Paula Meyer in
her individual capacity.

Dated: March 2, 2012

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

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