Brooks #210568 v. Hardy et al

Filing 32

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 31 ; granting in part and denying in part motion for summary judgment 26 ; signed by Judge Janet T. Neff (Judge Janet T. Neff, rmw)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION EDWARD BROOKS, Plaintiff, Case No. 1:16-cv-1336 v. HON. JANET T. NEFF UNKNOWN HARDY, et al., Defendants. ____________________________/ ORDER This is a prisoner civil rights action filed pursuant to 42 U.S.C. § 1983. Defendant L. Stout filed a motion for summary judgment (ECF No. 26). The matter was referred to the Magistrate Judge, who issued a Report and Recommendation on October 1, 2018, recommending that this Court grant in part and deny in in part the motion. The Report and Recommendation was duly served on the parties. No objections have been filed. See 28 U.S.C. § 636(b)(1). Therefore, IT IS HEREBY ORDERED that the Report and Recommendation (ECF No. 31) is APPROVED and ADOPTED as the Opinion of the Court. IT IS FURTHER ORDERED that the Motion for Summary Judgment (ECF No. 26) is GRANTED IN PART AND DENIED IN PART. Specifically, Defendant Stout is entitled to summary judgment as to Plaintiff’s claim that Defendant Stout failed to provide him with pain medication. As to Plaintiff’s claim that Defendant Stout denied his request for a “soft diet” following oral surgery, the claim will go forward. Dated: October 29, 2018 /s/ Janet T. Neff JANET T. NEFF United States District Judge

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