Maldonadodeher #735228 v. Corizon Medical Services, Inc. et al, No. 2:2016cv00021 - Document 25 (W.D. Mich. 2016)

Court Description: MEMORANDUM OPINION AND ORDER APPROVING AND ADOPTING the August 11, 2016 R&R 19 ; APPROVING AND ADOPTING the September 19, 2016 R&R 23 ; GRANTING Defendants' motion for summary judgment 21 ; GRANTING Defendant Corizon's motion to dismiss 12 ; DENYING AS MOOT Defendant Corizon's motion for summary judgment 17 and motion to compel discovery 18 , and DENYING AS MOOT motion to dismiss filed by Defendants Filion and Laplaunt 15 ; signed by Judge Robert Holmes Bell (Judge Robert Holmes Bell, kcb)

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Maldonadodeher #735228 v. Corizon Medical Services, Inc. et al Doc. 25 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN NORTHERN DIVISION JOSE RUBEN MALDONADODEHER, Plaintiff, Case No. 2:16-cv-21 v. HON. ROBERT HOLMES BELL CORIZON MEDICAL SERVICES, INC., et al., Defendants. ____________________________________/ MEMORANDUM OPINION AND ORDER This is a civil rights action brought by a state prisoner under 42 U.S.C. § 1983. Defendant Corizon Medical Services filed a motion to dismiss (ECF No. 12), Defendants Filion and Laplaunt filed a motion to dismiss based on qualified immunity (ECF No. 15), Defendant Corizon filed a motion for summary judgment based on Plaintiff’s failure to exhaust administrative grievance remedies (ECF No. 17), and Defendant Corizon filed a motion to compel discovery (ECF No. 18). On August 11, 2016, Magistrate Judge Timothy Greeley issued a Report and Recommendation (“R&R”) recommending that the Court grant Defendant Corizon’s motion to dismiss for failure to state a claim (ECF No. 12), deny as moot Defendant Corizon’s motion for summary judgment for failure to exhaust grievance remedies (ECF No. 17) and motion to compel discovery (ECF No. 18), and deny the motion to dismiss on grounds of qualified immunity filed by Defendants Filion and Laplaunt (ECF No. 15). Defendants Filion and Laplaunt filed an objection to the R&R (ECF No. 20) and a motion for summary judgment based on Plaintiff’s failure to exhaust administrative remedies (ECF No. 21). On September 19, 2016, Judge Greeley issued a second R&R, recommending that Defendants’ Dockets.Justia.com motion for summary judgment (ECF No. 21) be granted. (ECF No. 23.) Plaintiff has not filed an objection to either R&R. Accordingly, IT IS HEREBY ORDERED that the September 19, 2016 R&R (ECF No. 23) is APPROVED and ADOPTED as the opinion of the Court. IT IS FURTHER ORDERED that Defendants’ motion for summary judgment (ECF No. 21) is GRANTED. IT IS FURTHER ORDERED that the August 11, 2016 R&R (ECF No. 19) is APPROVED and ADOPTED as the opinion of the Court. IT IS FURTHER ORDERED that Defendant Corizon’s motion to dismiss (ECF No. 12) is GRANTED. IT IS FURTHER ORDERED that Defendant Corizon’s motion for summary judgment (ECF No. 17) and motion to compel discovery (ECF No. 18), and the motion to dismiss filed by Defendants Filion and Laplaunt (ECF No. 15) are DENIED AS MOOT. A judgment will enter that is consistent with this memorandum opinion and order. Dated: October 24, 2016 /s/ Robert Holmes Bell ROBERT HOLMES BELL UNITED STATES DISTRICT JUDGE

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