Mitchell #420337 v. Golladay et al

Filing 45

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 44 ; granting motion for summary judgment 38 ; dismissing plaintiff's claims against defendant McLean and the 8th Amendment claim against defendant Golladay; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
NORTHERN DIVISION

DELMAREY MITCHELL,
Plaintiff,
v.

Case No. 2:16-cv106

UNKNOWN GOLLADAY, et al.,
Defendants.

HONORABLE PAUL L. MALONEY

____________________________/
ORDER ADOPTING REPORT AND RECOMMENDATION
This is a prisoner civil rights action filed pursuant to 42 U.S.C. § 1983. The remaining
Defendants, Christopher Golladay and Michael McLean, filed a motion for summary judgment.
The matter was referred to the Magistrate Judge, who issued a Report and Recommendation on
December 20, 2017, recommending that this Court grant the motion and enter judgment in favor
of Defendants. 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 (ECF No. 44) is
APPROVED and ADOPTED as the Opinion of the Court.
IT IS FURTHER ORDERED that the Motion for Summary Judgment (ECF No. 38) is
GRANTED. Plaintiff’s claims against Defendant McLean and the Eighth Amendment claim
against Defendant Golladay are DISMISSED. Only the First Amendment retaliation claim against
Defendant Golladay remains.

Dated: January 22, 2018

/s/ Paul L. Maloney
Paul L. Maloney
United States District Judge