Rivera #239567 v. Michigan Department of Corrections et al

Filing 35

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 34 ; Defendants' motion for summary judgment 24 is granted; Defendants MDOC, Heyns, Finco, Martin and Wolfe are dismissed; Plaintiff may proceed on the claims outlined in this order ; signed by Chief Judge Robert J. Jonker (Chief Judge Robert J. Jonker, ymc)

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

WILSON RIVERA,
Plaintiff,

Case No. 1:14cv214

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 August 24, 2015.
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
August 24, 2015, is APPROVED AND ADOPTED as the opinion of the court.
IT IS ORDERED that defendants’ motion for summary judgment (docket #24) is GRANTED.
IT IS FURTHER ORDERED that defendants MDOC, Heyns, Finco, Martin and Wolfe are DISMISSED
from this action. Plaintiff may proceed on the following claims: (1) that defendant Stephens rejected his
incoming mail on December 10, 2012; (2) that defendant White refused to sign plaintiff’s disbursement
form to order a book; (3) that defendant White attempted to intimidate plaintiff into tearing up his
Religious Preference form indicating membership in MSTA-1928; and (4) that defendant White improperly
advised mailroom staff to reject plaintiff’s incoming mail in December, 2012.

/s/ Robert J. Jonker
ROBERT J. JONKER
CHIEF UNITED STATES DISTRICT JUDGE
DATED: September 15, 2015.