Nolen #273394 v. Luoma et al, No. 2:2006cv00125 - Document 266 (W.D. Mich. 2010)

Court Description: MEMORANDUM OPINION AND ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 263 . Defendant Tom Lindberg's motion for summary judgment 249 is GRANTED. Judgment is entered in favor of Defendant Tom Lindberg. Plaintiff's claims agains t the remaining defendants in this matter, Defendants Unknown Minirich, Unknown Schnider, D. Velmer, Jim LaChance, R. Wickstrom, Thomas Recker, Unknown Aho, and Unknown Bouchard, are DISMISSED for failure to serve. The Court CERTIFIES that an appeal of this action would not be taken in good faith ; signed by Judge Robert Holmes Bell (Judge Robert Holmes Bell, kcb)

Download PDF
UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN NORTHERN DIVISION ARLANDUS M. NOLEN, Plaintiff, File No. 2:06-cv-125 v. HON. ROBERT HOLMES BELL TIMOTHY LUOMA, et al., Defendants. / MEMORANDUM OPINION AND ORDER ADOPTING THE REPORT AND RECOMMENDATION This is a prisoner civil rights action filed by Plaintiff Arlandus Nolen pursuant to 42 U.S.C. § 1983. Plaintiff s complaint asserted claims against approximately fifty different prison officials. Before the Court is a Report and Recommendation ( R&R ) issued by United States Magistrate Judge Timothy P. Greeley recommending that the Court grant summary judgment in favor of Defendant Tom Lindberg and dismiss the claims against the remaining Defendants in this matter. (Dkt. No. 263.) Plaintiff filed objections to the R&R on January 6, 2010. (Dkt. No. 264.) For the reasons that follow, Plaintiff s objections are denied and the R&R is adopted as the opinion of the Court. This Court is required to conduct a de novo review with respect to those portions of a R&R to which specific objections are made, and may accept, reject, or modify any or all of the Magistrate Judge s findings or recommendations. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). The R&R determined that Defendant Lindberg s motion should be granted because the complaint did not assert any factual allegations against Defendant Lindberg. On de novo review, the Court agrees with that determination. The Court also notes that, in his response to the motion for summary judgment, Defendant did not offer any evidence or affidavits that would suffice to create a genuine issue of material fact. See Fed. R. Civ. P. 56(e)(2). The Court will, therefore, grant judgment in Defendant Lindberg s favor. Finally, the R&R recommended dismissal of the claims against the remaining Defendants for failure to serve. See Fed. R. Civ. P. 4(m). The R&R gave Plaintiff notice of the pending dismissal and he has not objected or otherwise responded. The Court will, therefore, dismiss Plaintiff s remaining claims. Accordingly, IT IS HEREBY ORDERED that Plaintiff s objections to the R&R (Dkt. No. 264) are DENIED. IT IS FURTHER ORDERED that the R&R (Dkt. No. 263), combined with the opinion herein, is APPROVED and ADOPTED as the opinion of this Court. IT IS FURTHER ORDERED that Defendant Tom Lindberg s motion for summary judgment (Dkt. No. 249) is GRANTED. The Court enters JUDGMENT in favor of Tom Lindberg. IT IS FURTHER ORDERED that Plaintiff s claims against the remaining Defendants in this matter, Defendants Unknown Minirich, Unknown Schnider, D. Velmer, 2 Jim LaChance, R. Wickstrom, Thomas Recker, Unknown Aho, and Unknown Bouchard, are DISMISSED for failure to serve. The Court hereby CERTIFIES that an appeal of this action would not be taken in good faith. 28 U.S.C. § 1915(a)(3). A judgment will be entered that is consistent with this memorandum opinion and order. Dated: March 10, 2010 /s/ Robert Holmes Bell ROBERT HOLMES BELL UNITED STATES DISTRICT JUDGE 3

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.