Opinion
21-11281
09-23-2022
KESHUNA ABCUMBY, Plaintiff, v. MICHIGAN DEPARTMENT OF CORRECTIONS, et al., Defendants.
ORDER ADOPTING 9/7/22 REPORT AND RECOMMENDATION
SEAN F. COX, UNITED STATES DISTRICT COURT JUDGE.
Acting through counsel, Plaintiff filed this civil action pursuant to 42 U.S.C. § 1983. The matter was referred to Magistrate Judge Jonathan Grey for all pretrial proceedings.
Thereafter, on October 18, 2021, Defendants filed a Motion to Dismiss and for Summary Judgment. (ECF No. 15).
In a Report and Recommendation issued on September 7, 2022 (ECF No. 21), the magistrate judge recommends as follows:
For the foregoing reasons, the Court RECOMMENDS that defendants' motion to dismiss be GRANTED IN PART and DENIED IN PART. Furthermore, the Court RECOMMENDS that defendants' summary judgment motion be DENIED AS MOOT. Specifically, the Court RECOMMENDS dismissing MDOC, Washington, and Brewer as defendants; and proceeding with Abcumby's three claims against Officer Frye alleging violations of the Eighth, Fourth and Fourteenth, and First Amendments.(Id. at 10).
The time permitted for the parties to file objections to that Report and Recommendation has passed and no objections were filed.
Accordingly, the Court hereby ADOPTS the September 7, 2022 Report and
Recommendation and ORDERS that Defendants' motion is GRANTED IN PART AND DENIED IN PART. The motion is GRANTED to the extent that Plaintiff's claims against Defendants Washington, Brewer, and the Michigan Department of Corrections are DISMISSED. The motion is DENIED in all other respects.
IT IS SO ORDERED.