Ketzner #119069 et al v. Williams et al, No. 4:2006cv00073 - Document 58 (W.D. Mich. 2008)

Court Description: ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION as the opinion of this court as modified 45 , and granting Defendants' motion to dismiss and/or for summary judgment 26 ; signed by Judge Robert Holmes Bell (Judge Robert Holmes Bell, kcb)

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UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION JOHN D. KETZNER, #119069, and WILLIAM D. LOVETT, #118387 Plaintiffs, File No. 4:06-CV-73 v. HON. ROBERT HOLMES BELL RAY M. WILLIAMS, et al., Defendants. ____________________________/ ORDER AND JUDGMENT ADOPTING MAGISTRATE JUDGE S REPORT AND RECOMMENDATION IT IS HEREBY ORDERED that the October 23, 2007, Report and Recommendation ( R&R ) of the Magistrate Judge (Dkt. No. 45) is APPROVED and ADOPTED as the opinion of the Court as modified. IT IS FURTHER ORDERED that the objections to the R&R filed by Defendants Ketzner and Lovett (Dkt. Nos. 46, 54) are GRANTED IN PART and DENIED IN PART. All of the objections are denied except Defendant Lovett s objection to the finding that he failed to exhaust his First Amendment and RLUIPA claims against Defendant Fether in his first grievance. IT IS FURTHER ORDERED that Defendants motion to dismiss and/or for summary judgment (Dkt. No. 26) is GRANTED. IT IS FURTHER ORDERED that Plaintiff Ketzner s claims for declaratory and injunctive relief are DISMISSED as moot. IT IS FURTHER ORDERED that Plaintiffs claims, with the exception of those claims identified in section 4 of the R&R as being exhausted (R&R 20-25), and Plaintiff s First Amendment and RLUIPA claims against Defendant Fether, are DISMISSED for lack of exhaustion. IT IS FURTHER ORDERED that JUDGMENT is entered in favor of Defendants on all remaining claims. This case is CONCLUDED. Dated: September 30, 2008 /s/ Robert Holmes Bell ROBERT HOLMES BELL UNITED STATES DISTRICT JUDGE 2

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