Bernaiche #488790 v. Squier et al

Filing 34

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 29 , granting Defendant Stieve's motion for summary judgment 19 ; signed by Judge Robert Holmes Bell (Judge Robert Holmes Bell, kcb)

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UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN NORTHERN DIVISION CHRIS BERNAICHE, Plaintiff, File No: 2:10-CV-250 v. HON. ROBERT HOLMES BELL HARRIET SQUIER, M.D., et al., Defendants. / ORDER APPROVING AND ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION On February 21, 2012, Magistrate Judge Timothy P. Greeley issued a Report and Recommendation (“R&R”) recommending that Defendant MDOC Chief Physician Dr. Jeffrey Stieve’s motion for summary judgment (Dkt. No. 19) be granted, and that Plaintiff’s claims against Defendant Stieve be dismissed. (Dkt. No. 29, R&R.) The R&R was duly served on the parties. No objections have been filed, and the deadline for doing so has expired. The Court has reviewed the matter and concludes that the R&R correctly analyzes the issues and makes a sound recommendation. Accordingly, IT IS HEREBY ORDERED that the February 21, 2012, R&R (Dkt. No. 29) is APPROVED and ADOPTED as the opinion of the Court. IT IS FURTHER ORDERED that Defendant Stieve’s motion for summary judgment (Dkt. No. 19) is GRANTED. IT IS FURTHER ORDERED that Plaintiff’s claims against Defendant Stieve are DISMISSED without prejudice for failure to exhaust grievance remedies. Dated: March 14, 2012 /s/ Robert Holmes Bell ROBERT HOLMES BELL UNITED STATES DISTRICT JUDGE 2

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