Heard v. Strange et al, No. 2:2017cv13904 - Document 61 (E.D. Mich. 2019)

Court Description: OPINION and ORDER Accepting and Adopting 60 REPORT AND RECOMMENDATION re 46 MOTION for Summary Judgment, 43 MOTION for Partial Summary Judgment Signed by District Judge Nancy G. Edmunds. (LBar)

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Heard v. Strange et al Doc. 61 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION LAMONT HEARD, Plaintiff, No. 17-13904 v. Honorable Nancy G. Edmunds YARNICE STRANGE, KYLE SHANNON, ADAM DOUGLAS, CEDRIC GRIFFEY, SCOTT SCHOOLEY, and JEFFREY OASTERHOF, Defendants. _________________________________/ OPINION AND ORDER ACCEPTING AND ADOPTING THE MAGISTRATE JUDGE’S MAY 10, 2019 REPORT AND RECOMMENDATION [60] Currently before the Court is the Magistrate Judge’s May 10, 2019 report and recommendation. (Dkt. 60.) The Court is fully advised in the premises and has reviewed the record and the pleadings. No party has filed objections. “[T]he failure to object to the magistrate judge’s report[] releases the Court from its duty to independently review the matter.” Hall v. Rawal, No. 09-10933, 2012 U.S. Dist. LEXIS 120541, at *2 (E.D. Mich. Aug. 24, 2012) (citing Thomas v. Arn, 474 U.S. 140, 149 (1985)). The Court nevertheless agrees with the Magistrate Judge’s recommendation. The Court therefore ACCEPTS and ADOPTS the Magistrate Judge’s report and recommendation (Dkt. 60). Accordingly, IT IS HEREBY ORDERED that Defendants’ motion for partial summary judgment [43] is GRANTED IN PART. Dockets.Justia.com IT IS FURTHER ORDERED Plaintiff’s motion for summary judgment [46] is DENIED. IT IS FURTHER ORDERED that Defendants Douglas and Oasterhof are DISMISSED from this action. IT IS FURTHER ORDERED that Plaintiff’s claims based on his housing unit transfer (January 2017 grievance) are DISMISSED. Plaintiff’s claims against Defendants Griffey, Schooley, Shannon, and Strange based on his prison transfer (July 2017 grievance) remain. SO ORDERED. s/Nancy G. Edmunds Nancy G. Edmunds United States District Judge Dated: June 4, 2019 I hereby certify that a copy of the foregoing document was served upon counsel of record on June 4, 2019, by electronic and/or ordinary mail. s/Lisa Bartlett Case Manager

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