Simon #257686 v. Trieweller et al

Filing 29

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 28 , dismissing plaintiff's claims for damages against Defendants in their official capacities; dismissing plaintiff's claims against Defendants Trierweiler and Warr; granting Defendants' motions for summary judgment 15 , 26 , and dismissing plaintiff's claims for injunctive relief against Defendants; signed by Judge Robert Holmes Bell (Judge Robert Holmes Bell, kcb)

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

THOMAS A. SIMON, #257686,
Plaintiff,
File No: 1:12-CV-1184
v.
HON. ROBERT HOLMES BELL
PATRICK TRIERWEILER, et al.,
Defendants.
/
ORDER APPROVING AND ADOPTING
MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
On February 24, 2014, Magistrate Judge Joseph G. Scoville issued a Report and
Recommendation (“R&R”) recommending that Plaintiff’s claims for damages against
Defendants in their official capacities be dismissed with prejudice because they are barred
by Eleventh Amendment immunity; that Plaintiff’s claims against Defendants Trierweiler
and Warr be dismissed pursuant to 28 U.S.C. §§ 1915A(b) and 1915(e)(2)(B) for failure to
state a claim on which relief can be granted; that Defendants’ motions for summary judgment
(Dkt. Nos. 15, 26) be granted; and that all of Plaintiff’s claims for injunctive relief be
dismissed pursuant to 42 U.S.C. § 1997e(a). (Dkt. No. 28, R&R.) 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. Accordingly,

IT IS HEREBY ORDERED that the February 24, 2014 R&R (Dkt. No. 28) is
APPROVED and ADOPTED as the opinion of the Court.
IT IS FURTHER ORDERED that Plaintiff’s claims for damages against Defendants
in their official capacities is DISMISSED WITH PREJUDICE because they are barred by
Eleventh Amendment immunity.
IT IS FURTHER ORDERED that Plaintiff’s claims against Defendants Trierweiler
and Warr are DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B) for failure to state a claim
on which relief can be granted.
IT IS FURTHER ORDERED that Defendants’ motions for summary judgment (Dkt.
Nos. 15, 26) are GRANTED.
IT IS FURTHER ORDERED that all of Plaintiff’s claims for injunctive relief
against Defendants are DISMISSED pursuant to 42 U.S.C. § 1997e(a).

Dated: March 17, 2014

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

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