Maddix-El #130908 v. Brinkman et al

Filing 84

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 83 ; granting in part and denying in part motion for summary judgment 51 ; signed by Judge Janet T. Neff (Judge Janet T. Neff, rmw)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN NORTHERN DIVISION MARVIN MADDIX-EL, Plaintiff, Case No. 2:14-cv-188 v. HON. JANET T. NEFF SHAWN BRINKMAN, et al., Defendants. ____________________________/ ORDER This is a prisoner civil rights action filed pursuant to 42 U.S.C. § 1983. Defendants Shawn Brinkman, Paul A. Zelenak and Charles Scott filed a motion for summary judgment. The matter was referred to the Magistrate Judge, who issued a Report and Recommendation on February 13, 2017, 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). Therefore, IT IS HEREBY ORDERED that the Report and Recommendation (Dkt 83) is APPROVED and ADOPTED as the Opinion of the Court. IT IS FURTHER ORDERED that the Motion for Summary Judgment (Dkt 51) is GRANTED IN PART AND DENIED IN PART. Plaintiff’s Eighth Amendment claims against Defendants Brinkman and Scott are dismissed. Plaintiff’s Eighth Amendment claim against Defendant Zelenak remains. Dated: March 7, 2017 /s/ Janet T. Neff JANET T. NEFF United States District Judge

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