Hernandez #492576 v. Smith et al

Filing 77

ORDER ADOPTING REPORT AND RECOMMENDATION 76 re 57 : Plaintiff's claims against Defendant Gerlach are DISMISSED WITH PREJUDICE; 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 CARLOS J. HERNANDEZ, Plaintiff, Case No. 1:17-CV-327 v. HON. GORDON J. QUIST WILLIE SMITH, et al., Defendants. / ORDER ADOPTING REPORT AND RECOMMENDATION On August 10, 2018, Magistrate Judge Kent issued a Report and Recommendation recommending that the Court grant Defendant Dr. Gerlach’s motion for summary judgment and dismiss Dr. Gerlach from this case. The Report and Recommendation was served on Plaintiff on August13, 2018. No objections have been filed pursuant to 28 U.S.C. § 636(b). Therefore the Court will adopt the Report and Recommendation. Therefore, IT IS HEREBY ORDERED that the August 10, 2018, Report and Recommendation (ECF No. 76) is ADOPTED as the Opinion of the Court. IT IS FURTHER ORDERED that Defendant Gerlach’s Motion for Summary Judgment (ECF No. 57) is GRANTED, and Plaintiff’s claims against Defendant Gerlach are dismissed with prejudice. Dated: September 6, 2018 /s/ Gordon J. Quist GORDON J. QUIST UNITED STATES DISTRICT JUDGE

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