Alexander #731077 v. Salmi et al
ORDER ADOPTING REPORT AND RECOMMENDATION 82 re 55 ; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt)
UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MICHIGAN
D’ANDRE ALEXANDER #731077,
Case No. 2:16-CV-96
HON. GORDON J. QUIST
MANDI JOY SALMI, et al.,
REPORT AND RECOMMENDATION
On May 17, 2017, Magistrate Judge Greeley issued a Report and Recommendation
recommending that the Court grant Defendant Boudreau’s motion for summary judgment and
dismiss Plaintiff’s federal claim under the Eighth Amendment against Defendant Boudreau with
prejudice. The magistrate judge also recommended that the Court dismiss Plaintiff’s state-law
claims against Defendant Boudreau without prejudice pursuant to 28 U.S.C. § 1367(c)(3). The
Report and Recommendation was duly served on the parties on May 17, 2017. No objections have
been filed pursuant to 28 U.S.C. § 636(b). Therefore the Court will adopt the Report and
IT IS HEREBY ORDERED that the May 17, 2017, Report and Recommendation (ECF No.
82) is ADOPTED as the Opinion of the Court.
IT IS FURTHER ORDERED that Defendant Boudreau’s Motion for Summary Judgment
(ECF No. 55) is GRANTED. Plaintiff’s Eighth Amendment claim against Defendant Boudreau is
DISMISSED WITH PREJUDICE. Plaintiff’s state-law claims against Defendant Boudreau are
DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. § 1367(c)(3). The case will
continue on Plaintiff’s claims against the remaining Defendants.
Dated: June 6, 2017
/s/ Gordon J. Quist
GORDON J. QUIST
UNITED STATES DISTRICT JUDGE
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