Reynolds #222375 v. Warzak et al

Filing 60

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 57 , granting in part Defendants' motion to dismiss the complaint for misjoinder of claims and parties [41, 45], and granting plaintiff's motion to amend his complaint 53 . This acti on is dismissed as to all defendants EXCEPT Defendants Warden David Bergy, ARUS Lynne Phillipson, Sergeant Patricia Belfry, RUO Steven Sharrett, RUO Todd Dejong, Sergeant Tim Lee, and RUO Christopher Feigle ; signed by Judge Robert Holmes Bell (Judge Robert Holmes Bell, kcb)

-TPG Reynolds #222375 v. Warzak et al

Doc. 60

UNITED STATES DISTRICT COURT F O R THE WESTERN DISTRICT OF MICHIGAN N O R T H E R N DIVISION

A N T O N E REYNOLDS, Plaintiff, File No.: 2:09-CV-144 v. HON. ROBERT HOLMES BELL W A R D E N DAVID BERGH, et al., Defendants. / ORDER APPROVING AND ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION O n August 25, 2010, Magistrate Judge Timothy P. Greeley issued a Report and R e c o m m e n d a tio n ("R&R") recommending that Defendants' motions to dismiss for m is jo in d e r of claims and parties (Dkt. Nos. 41, 45) be granted in part, that Plaintiff Antone R e yn o ld 's motion to amend his complaint (Dkt. No. 53) be granted, and that the case be d is m is s e d against all Defendants except Defendants Warden David Bergh, ARUS Lynne P h illip so n , Sergeant Patricia Belfry, RUO Steven Sharrett, RUO Todd Dejong, Sergeant Tim L e e , and RUO Christopher Feigle. (Dkt. No. 57, R&R) The R&R was duly served on the p arties. No objections have been filed, and the deadline for doing so has expired. The Court h a s reviewed the matter and concludes that the R&R correctly analyzes the issues and makes a sound recommendation. Accordingly,

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I T IS HEREBY ORDERED that the R&R (Dkt. No. 57) is APPROVED and A D O P T E D as the opinion of the Court. I T IS FURTHER ORDERED that Defendants' motions to dismiss the complaint for m is jo i n d e r of claims and parties (Dkt. Nos. 41, 45) is GRANTED IN PART. IT IS FURTHER ORDERED that Plaintiff's motion to amend his complaint (Dkt. N o . 53) is GRANTED. I T IS FURTHER ORDERED that this action is DISMISSED as to all Defendants E X C E P T Defendants Warden David Bergh, ARUS Lynne Phillipson, Sergeant Patricia B e lf ry, RUO Steven Sharrett, RUO Todd Dejong, Sergeant Tim Lee, and RUO Christopher F e ig le .

Dated: September 20, 2010

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

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