Bostrom #647630 v. Rowland et al

Filing 63

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 62 , defendants' motion for summary judgment 43 is GRANTED IN PART AND DENIED IN PART; signed by Judge Gordon J. Quist (kvt)

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UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION JOHN BOSTROM # 647630, Plaintiff, Case No. 1:15-CV-336 v. Hon. Gordon J. Quist J. ROWLAND, et al., Defendants. / ORDER ADOPTING REPORT AND RECOMMENDATION The Court has reviewed Magistrate Judge Ellen Carmody’s January 2, 2018, Report and Recommendation (R & R). In her R & R, the magistrate judge recommended that the Court deny Defendants’ motion for summary judgment with respect to Plaintiff’s Eighth Amendment claim against Defendant Pepper, his retaliation claim against Defendant Benoit, and his claim that Defendant Pepper used excessive force and broke Plaintiff’s wrist for unlawful retaliatory reasons, and grant the motion as to all other claims and Defendants. The R & R was duly served on the parties on January 2, 2018. No objections have been filed pursuant to 28 U.S.C. § 636(b). THEREFORE, IT IS ORDERED that the Report and Recommendation of the Magistrate Judge, filed January 2, 2018 (ECF No. 62), is approved and adopted as the opinion of the Court. IT IS FURTHER ORDERED that Defendants’ Motion for Summary Judgment (ECF No. 43) is GRANTED IN PART AND DENIED IN PART. The motion is denied with regard to Plaintiff’s Eighth Amendment and retaliation claims against Defendant Pepper and his retaliation claim against Defendant Benoit, and granted as to all other claims and Defendants. Dated: February 2, 2018 /s/ Gordon J. Quist GORDON J. QUIST UNITED STATES DISTRICT JUDGE

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