Draughn #182621 v. Caruso et al

Filing 24

ORDER ADOPTING IN PART AND REJECTING IN PART REPORT AND RECOMMENDATION 14 ; signed by Judge Robert Holmes Bell (Judge Robert Holmes Bell, kcb)

U N I T E D STATES DISTRICT COURT F O R THE WESTERN DISTRICT OF MICHIGAN N O R T H E R N DIVISION

R O N A L D MARK DRAUGHN, a/k/a K H A L I L MALIK SHABAZZ, P l a in tif f , F ile No. 2:08-CV-32 v. HON. ROBERT HOLMES BELL P A T R IC IA CARUSO, et al., D e f e n d a n ts . / O R D E R ADOPTING IN PART AND REJECTING IN PART M A G I S T R A T E JUDGE'S REPORT AND RECOMMENDATION In accordance with the opinion entered this date, IT IS HEREBY ORDERED that Plaintiff's objections to the Report and R e c o m m e n d a tio n of the Magistrate Judge (Dkt. No. 19) are GRANTED IN PART and D E N IE D IN PART. To the extent Plaintiff objects to dismissal of his First Amendment re ta li a ti o n and equal protection claims, his objections are granted. To the extent Plaintiff o b jects to dismissal of his Ex Post Facto Clause and due process claims, his objections are d e n ie d . IT IS FURTHER ORDERED that the Report and Recommendation of the M a g i str a te Judge is ADOPTED IN PART and REJECTED IN PART as explained in the o p in io n of the Court. 1

I T IS FURTHER ORDERED that Plaintiff's Ex Post Facto Clause and due process c la im s are DISMISSED WITH PREJUDICE for failure to state a claim upon which relief m a y be granted pursuant to 28 U.S.C. §§ 1915(e) and 1915A, and 42 U.S.C. § 1997e(c). IT IS FURTHER ORDERED that in accordance with Administrative Order No. 0 3 -0 2 9 , the Clerk shall return to Plaintiff with a copy of this order one copy of the complaint a n d any exhibits. IT IS FURTHER ORDERED that immediately upon receipt of this order, Plaintiff s h a ll request that the prison make seven (7) copies of the complaint and exhibits for service u p o n Defendants Patricia Caruso, Dennis Straub, Kenneth Maceachern, James MacMeekin, C h r is to p h e r Chrysler, David Bergh, and Lloyd Rapelje. Plaintiff is responsible for the cost o f the copies. If Plaintiff does not have sufficient funds to pay for the copies, the Michigan D e p a rtm e n t of Corrections provides loans for legal copies. See Mich. Dep't. of Corr., Policy D ire c tiv e 05.03.116. IT IS FURTHER ORDERED that within fifteen business days of this order, Plaintiff s h a ll file with the Court the requisite number of copies of the complaint and exhibits along w ith a copy of this order OR an affidavit explaining why Plaintiff is unable to provide the re q u e ste d copies within the fifteen-day period. Should the Court find that the prison failed to make copies upon Plaintiff's request, the Court will direct the Clerk to make such copies a s may be necessary and to charge the Michigan Department of Corrections for the cost of c o p yin g at the Court's usual rate of $.50 per page.

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I T IS FURTHER ORDERED that Plaintiff's failure to submit the requested copies w ith in the time provided by the Court or affidavit explaining why Plaintiff is unable to p ro v id e the requested copies may result in the dismissal of his action without prejudice by th e Court. IT IS FURTHER ORDERED that upon receipt of the copies required by this order, th e Clerk shall arrange for service of summons and complaint, along with a copy of this o r d e r , upon Defendants. I T IS FURTHER ORDERED that Defendants shall reply to the complaint by way o f answer, motion to dismiss, or motion for summary judgment within the time allowed by law . See 42 U.S.C. § 1997e(g)(1).

Dated: March 27, 2009

/s/ Robert Holmes Bell ROBERT HOLMES BELL UNITED STATES DISTRICT JUDGE

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