Umbarger #251202 v. Michigan, State of et al

Filing 24

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 23 , granting Defendants' motion to dismiss 15 ; signed by Judge Robert Holmes Bell (Judge Robert Holmes Bell, kcb)

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

JOHN UMBARGER,
Plaintiff,
v.

Case No. 1:12-cv-603
HON. ROBERT HOLMES BELL

STATE OF MICHIGAN, et al.,
Defendants.
____________________________________/
ORDER APPROVING AND ADOPTING
MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
On September 17, 2013, Magistrate Judge Scoville issued a Report and Recommendation
(“R&R”) (Dkt. No. 23) recommending that Defendants Booker, Caruso, Combs, Granholm, Heyns,
McKeon, Michigan Department of Corrections, Michigan (State of), Sampson, and Snyder’s motion
to dismiss under Fed. R. Civ. P. 12(b)(6) (Dkt. No. 15) be granted and further recommending that
Plaintiff’s claims against Defendants Atterberry and Hofbauer be dismissed without prejudice under
Fed. R. Civ. P. 4(m). 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 Magistrate Judge’s September 7, 2013, R&R (Dkt.
No. 23) is APPROVED and ADOPTED as the opinion of the Court.
IT IS FURTHER ORDERED that Defendants’ Motion to Dismiss (Dkt. No. 15) is
GRANTED.

IT IS FURTHER ORDERED that Plaintiff’s claims for Declaratory Judgment are
DISMISSED AS MOOT.
IT IS FURTHER ORDERED that Plaintiff’s claims against Defendants Booker, Caruso,
Combs, Granholm, Heyns, McKeon, Michigan Department of Corrections, Michigan (State of),
Sampson, and Snyder are DISMISSED WITH PREJUDICE.
IT IS FURTHER ORDERED that Plaintiff’s claims against Defendants Atterberry and
Hofbauer are DISMISSED WITHOUT PREJUDICE.

Dated: October 8, 2013

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

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