Swift #202475 v. Eldeman et al

Filing 31

ORDER ADOPTING SUPPLEMENTAL REPORT AND RECOMMENDATION 29 re 18 : Defendants' Motion for Summary Judgment 18 is GRANTED; case closed; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt)

Case 1:17-cv-00854-GJQ-ESC ECF No. 31 filed 12/07/18 PageID.201 Page 1 of 2

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

KEITH SWIFT #202475,
Plaintiff,
v.

Case No. 1:17-CV-854

ADAM EDELMAN, et al.,

HON. GORDON J. QUIST

Defendants.
_____________________/
ORDER ADOPTING THE SUPPLEMENTAL REPORT AND RECOMMENDATION
On March 22, 2018, Defendants moved for summary judgment. (ECF No. 18.) On
June 26, 2018, Magistrate Judge Ellen Carmody issued a Report and Recommendation (R & R)
recommending that the Court grant Defendants’ motion. (ECF No. 22.) On July 13, 2018, the
Court received a letter from Plaintiff asserting that he was never served Defendants’ motion
because he transferred facilities and did not update his address with the Court. (ECF No. 23.) The
Court ordered Defendants to re-serve the motion on Plaintiff and allowed Plaintiff 28 days from
the date of service to respond to the motion. (ECF No. 24.) Plaintiff responded to the motion on
August 6, 2018. (ECF No. 26.) Then, on November 8, 2018, Magistrate Judge Carmody issued a
Supplemental R & R, again recommending that the Court grant Defendants’ motion. (ECF
No. 29.)
The Court has reviewed the Supplemental R & R recommending that Defendants’ motion
for summary judgment be granted. The Supplemental R & R was duly served on Petitioner on
November 9, 2018. No objections have been filed pursuant to 28 U.S.C. § 636(b). Therefore, the
Court will adopt the Supplemental R & R.

Case 1:17-cv-00854-GJQ-ESC ECF No. 31 filed 12/07/18 PageID.202 Page 2 of 2

THEREFORE, IT IS HEREBY ORDERED that the November 8, 2018, Supplemental
R & R (ECF No. 29) is approved and adopted as the Opinion of the Court.
IT IS FURTHER ORDERED that Defendants’ motion for summary judgment is
GRANTED for the reasons set forth in the Supplemental R & R.
A separate judgment will enter.
This case is concluded.

Dated: December 7, 2018

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

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