Morgan #596132 v. Johnson et al
Filing
41
ORDER ADOPTING REPORT AND RECOMMENDATION 40 re 25 , 22 : Defendants' motions 22 , 25 are DENIED; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt)
UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
ROBERT JAMES MORGAN,
Plaintiff,
Case No. 1:17-CV-206
v.
HON. GORDON J. QUIST
GEORGE JOHNSON, et al.,
Defendants.
/
ORDER ADOPTING
REPORT AND RECOMMENDATION
On February 26, 2018, Magistrate Judge Kent issued a Report and Recommendation (R &
R) recommending that the Court deny Defendants Harbaugh and Aiken’s motion for summary
judgment based on Plaintiff’s lack of exhaustion and deny Defendants Johnson, Papendick, and
Lindhout’s motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6). The R & R was duly served on
the parties on February 26, 2018. No objections have been filed pursuant to 28 U.S.C. § 636(b).
Therefore the Court will adopt the R & R.
Therefore,
IT IS HEREBY ORDERED that the February 26, 2018, Report and Recommendation (ECF
No. 40) is ADOPTED as the Opinion of the Court.
IT IS FURTHER ORDERED that Defendants Harbaugh and Aiken’s Motion for Summary
Judgment on the Basis of Exhaustion (ECF No. 22) and Defendants Johnson, Papendick, and
Lindhout’s Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) (ECF No. 25) are DENIED.
Dated: March 26, 2018
/s/ Gordon J. Quist
GORDON J. QUIST
UNITED STATES DISTRICT JUDGE
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