Wilbon v. Prison Health Services, Incorporated et al, No. 2:2010cv14075 - Document 63 (E.D. Mich. 2011)

Court Description: OPINION AND ORDER adopting 60 Report and Recommendation ; granting 25 Motion for Summary Judgment. Signed by District Judge Patrick J. Duggan. (MOre)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION LOUIS WILBON, Plaintiff, Case No. 10-14075 Honorable Patrick J. Duggan v. PRISON HEALTH SERVICES, INC., ZIVIT COHEN, M.D., VERNON STEVENSON, M.D., LATOYA JACKSON, P.A., JEFFREY C. STIEVE, M.D., HARRIET A. SQUIER, M.D., JOHN DOE, and JANE DOE, Defendants. / OPINION AND ORDER GRANTING DEFENDANT STIEVE S MOTION FOR SUMMARY JUDGMENT On October 12, 2010, Plaintiff filed this lawsuit against Defendants claiming violations of his civil rights under 42 U.S.C. §§ 1983 and 1985. On February 25, 2011, this Court referred the matter to Magistrate Judge Mark A. Randon for all pretrial proceedings, including a hearing and determination of all non-dispositive matters pursuant to 28 U.S.C. § 636(b)(1)(A) and/or a report and recommendation on all dispositive matters pursuant to 28 U.S.C. § 636(b)(1)(B). Defendant Jeffrey C. Stieve, M.D., filed a motion for summary judgment pursuant to Federal Rule of Civil Procedure 56 on March 15, 2011. On October 27, 2011, Magistrate Judge Randon filed a Report and Recommendation (R&R) recommending that this Court grant Defendant Stieve s motion. (Doc. 60). Magistrate Judge Randon relies on Plaintiff s consent to summary judgment being granted to Defendant Stieve, as indicated in Plaintiff s response to the motion, as well as the lack of evidence showing Defendant Stieve s involvement in the constitutional violations alleged in Plaintiff s complaint. At the conclusion of the R&R, Magistrate Judge Randon advises the parties that they may object to and seek review of the R&R within fourteen days of service upon them. (Id. at 3.) He further specifically advises the parties that [f]ailure to file specific objections constitutes a waiver of any further right to appeal. (Id.) Neither party filed objections to the R&R. The Court has carefully reviewed the R&R and concurs with the conclusions reached by Magistrate Judge Randon. Accordingly, IT IS ORDERED, that Magistrate Judge Randon s R&R is adopted and Defendant Jeffrey C. Stieve, M.D. s motion for summary judgment GRANTED Date: December 15, 2011 s/PATRICK J. DUGGAN UNITED STATES DISTRICT JUDGE Copies to: Louis Wilbon 736 Worden, S.E. Grand Rapids, MI 49507 Kimberley A. Koester, Esq. Ronald W. Chapman, Esq. AAG Thomas L. Leonard Magistrate Judge Mark A. Randon 2

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