Morgan #596132 v. Johnson et al

Filing 60

ORDER ADOPTING REPORT AND RECOMMENDATION 59 re 48 , 47 , 54 : Defendants' Motions 47 , 48 for Summary Judgment are GRANTED; Plaintiff's claims against Defendant Mindlin are DISMISSED; Plaintiff's Motion 54 for Summary Judgment is DENIED; case closed; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt)

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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, 2019, Magistrate Judge Kent issued a Report and Recommendation (R & R) recommending that the Court grant Defendants’ motions for summary judgment, dismiss Plaintiff’s claim against Defendant Dr. Mindlin for failure to state a claim, and deny Plaintiff’s motion for summary judgment. The R & R was served on Plaintiff on February 26, 2019. No objections have been filed within the allowed time pursuant to 28 U.S.C. § 636(b). Accordingly, the Court will adopt the R & R as the opinion of the Court. Therefore, IT IS HEREBY ORDERED that the February 26, 2019, Report and Recommendation (ECF No. 59) is ADOPTED as the Opinion of the Court. IT IS FURTHER ORDERED that Defendants Johnson, Papendick and Lindhout’s Motion for Summary Judgment (ECF No. 47) and Defendants Aiken and Harbaugh’s Motion for Summary Judgment (ECF No. 48) are GRANTED. IT IS FURTHER ORDERED Plaintiff’s claims against Defendant Dr. Mindlin are DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B) for failure to state a claim. IT IS FURTHER ORDERED that Plaintiff’s Motion for Summary Judgment (ECF No. 54) is DENIED. A separate judgment will enter. This case is concluded. Dated: March 26, 2019 /s/ Gordon J. Quist GORDON J. QUIST UNITED STATES DISTRICT JUDGE 2

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