Ryan #787263 v. Malcomb et al

Filing 54

ORDER ADOPTING REPORT AND RECOMMENDATION 52 re 34 , 49 : Defendant's Motion 34 to Dismiss is GRANTED; case closed; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt)

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

SEAN MICHAEL RYAN,
Plaintiff,

Case No. 1:11-CV-1075

v.

HON. GORDON J. QUIST

UNKNOWN MALCOMB, et al.,
Defendants.
/

ORDER ADOPTING REPORT AND RECOMMENDATION
On February 8, 2013, Magistrate Judge Hugh W. Brenneman, Jr., issued a Report and
Recommendation (docket no. 52) recommending that this Court grant Defendant Prison Health
Services, Inc.’s (PHS) Motion to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6)
(docket no. 34), deny PHS’s Motion to Dismiss pursuant to Federal Rule of Civil Procedure 41(b),
and terminate the case. Both of PHS’s Motions to Dismiss were unopposed by Plaintiff.
The Court has reviewed the Report and Recommendation, which was served on Plaintiff on
February 11, 2013. No objections have been filed pursuant to 28 U.S.C. § 636(b)(1)(C). The Court
now adopts the Report and Recommendation as the opinion of the Court. Therefore,
IT IS HEREBY ORDERED that the Report and Recommendation (docket no. 52) is
adopted as the opinion of the Court.
IT IS FURTHER ORDERED that Defendant’s Motion to Dismiss pursuant to Federal Rule
of Civil Procedure 12(b)(6) (docket no. 34) is GRANTED.
IT IS FURTHER ORDERED that Defendant’s Motion to Dismiss pursuant to Federal Rule
of Civil Procedure 41(b) (docket no. 49) is DISMISSED AS MOOT.

IT IS FURTHER ORDERED that Plaintiff’s state law claims for medical malpractice are
DISMISSED without prejudice.
A separate judgment will issue. This case is concluded before this Court.

Dated: March 4, 2013

/s/ Gordon J. Quist
GORDON J. QUIST
UNITED STATES DISTRICT JUDGE

2