Hardrick v. Jenkins-Grant

Full title: Bernard Hardrick, Plaintiff, v. Regina Jenkins-Grant, et al., Defendants.

Court: United States District Court, E.D. Michigan, Southern Division

Date published: Mar 4, 2022

20-cv-12258 (E.D. Mich. Mar. 4, 2022)

Opinion

20-cv-12258

03-04-2022

Bernard Hardrick, Plaintiff, v. Regina Jenkins-Grant, et al., Defendants.

GERSHWIN A. DRAIN U.S. DISTRICT COURT JUDGE

ORDER ACCEPTING AND ADOPTING REPORT AND

RECOMMENDATION (ECF NO. 28) AND DENYING DEFENDANTS'

MOTION FOR PARTIAL SUMMARY JUDGMENT (ECF NO. 21)

GERSHWIN A. DRAIN U.S. DISTRICT COURT JUDGE

On June 19, 2020, pro se Plaintiff Bernard Hardrick initiated this civil rights action against Michigan Department of Corrections (“MDOC”) employees Regina Jenkins-Grant, Julie Tolley, John Doe “Transfer Coordinator, ” Brannon Frieburger, and John Doe Sergeant. ECF No. 1. Plaintiff, who is currently incarcerated, alleges he was improperly transferred, terminated from his employment, and subject to an improper search in retaliation for exercising his First Amendment rights by filing a grievance against a correctional officer who is not a party to this action. Id.

This matter is presently before the Court on Defendants' Motion for Partial Summary Judgment (ECF No. 21). The Motion is fully briefed (ECF Nos. 22, 24), and the Court referred it to Magistrate Judge David R. Grand for resolution (ECF No. 26). Magistrate Judge Grand issued a Report and Recommendation on January 31, 2022, recommending that the Court deny Defendants' Motion. ECF No. 28. Neither party has filed objections to the Magistrate Judge's Report and Recommendation, and the time for doing so has expired. See 28 U.S.C. § 636(b)(1)(C).

Upon review of the parties' briefing, the record, and the Report and Recommendation, the Court determines that the Magistrate Judge reached the correct conclusion. Therefore, the Court will accept and adopt Magistrate Judge Grand's January 31, 2022 Report and Recommendation (ECF No. 28) as this Court's findings of fact and conclusions of law. The Court will thus deny Defendants' Motion for Partial Summary Judgment (ECF No. 21).

Accordingly, IT IS HEREBY ORDERED that the Court ACCEPTS and ADOPTS Magistrate Judge Grand's January 31, 2022 Report and Recommendation (ECF No. 28) as this Court's findings of fact and conclusions of law.

IT IS FURTHER ORDERED that Defendants' Motion for Partial Summary Judgment (ECF No. 21) is DENIED.

IT IS SO ORDERED.