Brown #884273 v. Conklin et al

Filing 138

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 137 ; granting in part and denying in part motion for summary judgment 124 ; terminating Defendant Moody; signed by Judge Janet T. Neff (Judge Janet T. Neff, rmw)

Case 1:18-cv-00554-JTN-SJB ECF No. 138 filed 08/06/20 PageID.1224 Page 1 of 1

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
ADE BROWN,
Plaintiff,
Case No. 1:18-cv-554
v.
HON. JANET T. NEFF
WALTER CONKLIN, et al.,
Defendants.

____________________________/
ORDER
This is a civil rights action brought by an inmate under 42 U.S.C. § 1983. Defendants
Conklin, Burns, Martens, Simon, Moody, Watkins, Powers, Hengesbach, Gardner, and Elliot filed
a Motion for Summary Judgment (ECF No. 124). The matter was referred to the Magistrate Judge,
who issued a Report and Recommendation on July 10, 2020, recommending that this Court grant
in part and deny 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). Accordingly:
IT IS HEREBY ORDERED that the Report and Recommendation (ECF No. 137) is
APPROVED and ADOPTED as the Opinion of the Court.
IT IS FURTHER ORDERED that the Motion for Summary Judgment (ECF No. 124) is
GRANTED IN PART AND DENIED IN PART. The Motion is granted as to Plaintiff’s deliberate
indifference claim against Defendant Moody, and denied as to Plaintiff’s excessive force claim
against the remaining Defendants. Defendant Amy Moody is terminated.

Dated: August 6, 2020

/s/ Janet T. Neff
JANET T. NEFF
United States District Judge