Henley #246521 v. Miller et al

Filing 28

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 27 ; Defendants' motions to dismiss 10 , 12 , 14 are denied ; signed by Judge Robert J. Jonker (Judge Robert J. Jonker, ymc)

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UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION DWIGHT MORROW HENLEY, Petitioner, Case No. 1:11cv538 v. Hon. Robert J. Jonker C. MILLER, et al., Respondent. / ORDER APPROVING REPORT AND RECOMMENDATION The court has reviewed the Report and Recommendation filed by the United States Magistrate Judge in this action. The Report and Recommendation was duly served on the parties on August 3, 2012. No objections have been filed pursuant to 28 U.S.C. § 636(b)(1)(C). IT IS ORDERED that the Report and Recommendation of the Magistrate Judge, filed August 3, 2012, is approved and adopted as the opinion of the court. IT IS FURTHER ORDERED that Defendants’ motions to dismiss (docket #10, #12, and #14) are DENIED. The Court will exercise jurisdiction over defendants by virtue of their subsequently filed waivers, appearances and joint motion for summary judgment. /s/ Robert J. Jonker ROBERT J. JONKER UNITED STATES DISTRICT JUDGE DATED: August 31, 2012.

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