Jack-Bey #168807 v. Michigan Department of Corrections et al

Filing 72

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 63 , 26 , 31 ; signed by Judge Robert J. Jonker (Judge Robert J. Jonker, mil)

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

HOWARD JACK-BEY, JR.,
Plaintiff,

Case No. 1:13cv131

v.

Hon. Robert J. Jonker

MICHIGAN DEPARTMENT OF
CORRECTIONS, et al.,
Defendants.
/
ORDER
APPROVING AND ADOPTING 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 February 12, 2014. No objections have been filed pursuant to 28 U.S.C. § 636(b)(1)(C).
THEREFORE, IT IS ORDERED that the Report and Recommendation of the Magistrate
Judge, filed February 12, 2014, is approved and adopted as the opinion of the court.
I

IT IS ORDERED that the motions to dismiss filed by defendants MDOC, Heyns, Finco,

Martin and Tompkins (docket no. 26) and defendants Howes and Wolfe (docket no. 31) are
DENIED.
IT IS ORDERED that the motion for summary judgment filed by defendants MDOC, Heyns,
Finco, Martin and Tompkins (docket no. 26) is DENIED.
IT IS FURTHER ORDERED that the motion for summary judgment filed defendant Howes
and Wolfe (docket no. 31) is GRANTED as to defendant Wolfe as to all of plaintiff’s claims and
DENIED as to defendant Howes.
/s/Robert J. Jonker
ROBERT J. JONKER
UNITED STATES DISTRICT JUDGE
Dated: March 26, 2014