Benson #274107 v. Farber et al

Filing 45

ORDER ADOPTING REPORT AND RECOMMENDATION 42 ; granting in part and denying in part motion for summary judgment 24 ; granting motion for summary judgment 38 ; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
MARK BENSON #274107,
Plaintiff,
v.
M. FARBER, et al.,

Case No. 1:23-cv-268
HONORABLE PAUL L. MALONEY

Defendants.

____________________________/
ORDER ADOPTING REPORT AND RECOMMENDATION
This is a prisoner civil rights action filed pursuant to 42 U.S.C. § 1983. Defendants Farber,
Hermann, Jimerson, Pannell, and Streit filed a motion for summary judgment.

Defendant

Landingham also filed a motion for summary judgment. The matter was referred to the Magistrate
Judge, who issued a Report and Recommendation on October 16, 2023, recommending that this
Court grant in part and deny without prejudice in part the defendants’ motion for summary
judgment (ECF No. 24) and grant defendant’s motion for summary judgment (ECF No. 38). The
Report and Recommendation was duly served on the parties. No objections have been filed. See
28 U.S.C. § 636(b)(1). Therefore,
IT IS HEREBY ORDERED that the Report and Recommendation (ECF No. 42) is
APPROVED and ADOPTED as the Opinion of the Court.
IT IS FURTHER ORDERED that the Motion for Summary Judgment filed by
Defendants Farber, Hermann, Jimerson, Pannell, and Streit (ECF No. 24) is GRANTED IN PART
AND DENIED WITHOUT PREJUDICE IN PART. The Motion for Summary Judgment filed by

Defendant Landingham (ECF No. 38) is GRANTED. Plaintiff’s Eighth Amendment failure to
protect claims against Defendants Hermann, Jimerson, Pannell, and Streit are DISMISSED
WITHOUT PREJUDICE. Plaintiff’s Eighth Amendment excessive force claim against Defendant
Farber continues forward.

Dated: November 14, 2023

/s/ Paul L. Maloney
Paul L. Maloney
United States District Judge

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