Gardner #287557 v. Michigan Department of Corrections et al

Filing 46

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 43 , granting in part defendants' motion to sever 24 , dismissing Defendants Majerczyk, Rutowski, and Sivec; denying defendants' motion to sever 32 ; signed by Judge Robert Holmes Bell (Judge Robert Holmes Bell, kcb)

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MICHIGAN
NORTHERN DIVISION

ERIC ANDREW GARDNER,
Plaintiff,
v.

Case No. 2:16-cv-3
HON. ROBERT HOLMES BELL

MICHAEL MILLETTE, et al.,
Defendants.
____________________________________/
MEMORANDUM OPINION AND ORDER
This is a civil rights action brought by a state prisoner under 42 U.S.C. § 1983.
Defendants Covert, Monroe, Fillion, Crompton, Majerczyk, Rutowski, and Sivec filed a
motion to sever based on misjoinder of parties and claims. (ECF No. 24.) Defendants
Wilson, Crompton, Millette, and Paquette also filed a motion to sever based on misjoinder
of parties and claims. (ECF No. 32.) On October 24, 2016, Magistrate Judge Timothy
Greeley issued a Report and Recommendation (“R&R”) recommending that the Court deny
Defendants Wilson, Crompton, Millette, and Paquette’s motion to sever (ECF No. 32), and
grant in part Defendants Covert, Monroe, Fillion, Majerczyk, Rutowski, and Sivec’s motion
to sever (ECF No. 24), dismissing Defendants Majerczyk, Rutowski, and Sivec from the
action without prejudice. (ECF No. 43.) Plaintiff filed a “stipulation” to the R&R (ECF No.
44). Plaintiff agrees with the Magistrate Judge’s conclusion that Defendants Majerczyk,
Rutowski, and Sivce should be dismissed from the action, and requests that the Court dismiss

these Defendants. Plaintiff did not file any objections to the R&R. Accordingly,
IT IS HEREBY ORDERED that the R&R (ECF No. 43) is APPROVED and
ADOPTED as the opinion of the Court.
IT IS FURTHER ORDERED that Defendants’ motion to sever (ECF No. 24) is
GRANTED IN PART. Defendants Majerczyk, Rutowski, and Sivec are DISMISSED
without prejudice.
IT IS FURTHER ORDERED that Defendants’ motion to sever (ECF No. 32) is
DENIED.

Dated: January 3, 2017

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