Annabel #414234 v. Michigan Department of Corrections et al
JUDGMENT that the action is dismissed as frivolous, malicious, or for failure to state a claim; the Court discerns no good-faith basis for an appeal; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc)
UNITED STATES OF AMERICA
UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MICHIGAN
ROBERT WAYNE ANNABEL, II,
Case No. 1:16-cv-543
Honorable Paul L. Maloney
MICHIGAN DEPARTMENT OF
CORRECTIONS et al.,
In accordance with the Opinion filed this date:
IT IS ORDERED that Plaintiff’s action against Defendant MDOC be DISMISSED WITH
PREJUDICE on grounds of immunity and failure to state a claim, pursuant to 28 U.S.C. §§ 1915(e)(2) and
1915A(b), and 42 U.S.C. § 1997e(c).
IT IS FURTHER ORDERED that Plaintiff’s claim of conspiracy be DISMISSED WITH
PREJUDICE on the grounds that it is both frivolous and fails to state a claim.
IT IS FURTHER ORDERED that Plaintiff’s claims that were previously adjudicated
against him (regarding his transfer to ICF on May 16, 2014; his inability to practice his “business” as a
prison paralegal; interference with his legal mail between March 24, 2014 and April 10, 2014, and with
delivery of his incoming mail between June 17 and July 2, 2014; his RICO claims; his claim against
Defendants Smith, Norwood, and Huss for encouraging Prisoner Halton to harass Plaintiff; his claim that
Defendant Zwiker mocked his kosher diet; his supervisory liability claim against Defendant Heyns for
denying him medical care; and his due process and retaliation claims about being denied grievance forms
and being placed on modified grievance) be DISMISSED WITH PREJUDICE as frivolous.
IT IS FURTHER ORDERED that Plaintiff’s remaining claims will be DISMISSED
WITHOUT PREJUDICE for improper joinder.
October 14, 2016
/s/ Paul L. Maloney
Paul L. Maloney
United States District Judge
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