Parker #593090 v. Gainer et al

Filing 99

ORDER ADOPTING REPORT AND RECOMMENDATION 98 re 84 ; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt)

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

BRUCE PARKER, # 593090,
a/k/a Bruce-X Parker,
Plaintiff,

Case No. 1:16-CV-1302

v.
HON. GORDON J. QUIST
MITCHELL GAINER, et al.,
Defendants.
/
ORDER ADOPTING REPORT AND RECOMMENDATION
The Court has reviewed Magistrate Judge Phillip Green’s July 31, 2019, Report and
Recommendation recommending that the Court grant Defendants’ motion for summary judgment
(ECF No. 84) in part and deny it in part. Specifically, the magistrate judge recommended that the
Court grant the motion as to Plaintiff’s access-to-the-courts claim against Defendant Gainer and
Plaintiff’s Eighth Amendment claim against Defendant Roy regarding closing of the cell door on
October 1, 2016, and deny the motion as to all other claims. The Report and Recommendation was
duly served on Defendants on July 31, 2019, and on Plaintiff on August 1, 2019. No objections have
been filed pursuant to 28 U.S.C. § 636(b).
THEREFORE, IT IS HEREBY ORDERED that the July 31, 2019, Report and
Recommendation (ECF No. 98) is approved and adopted as the Opinion of the Court. Defendants’
motion for summary judgment (ECF No. 84) is GRANTED IN PART AND DENIED IN PART
Plaintiff’s First Amendment access-to-the-courts claim against Defendant Gainer and Plaintiff’s
Eighth Amendment claim against Defendant Roy based on the closing of the cell door on October
1, 2016, are dismissed with prejudice. The case will continue on all other claims.

Dated: August 27, 2019

/s/ Gordon J. Quist
GORDON J. QUIST
UNITED STATES DISTRICT JUDGE