Opinion
Case No. 1:14-CV-992
09-27-2016
MARK ANTHONY HARDY, Plaintiff, v. MICHIGAN DEPARTMENT OF CORRECTIONS, et al., Defendants.
ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION
The Court has reviewed the Report and Recommendation filed by the United States Magistrate Judge in this action. The Report and Recommendation was duly served on the parties on September 7, 2016. No objections have been filed pursuant to 28 U.S.C. § 636(b)(1).
THEREFORE, IT IS ORDERED that the Report and Recommendation of the Magistrate Judge, filed September 7, 2016, is approved and adopted as the opinion of the court.
IT IS FURTHER ORDERED that
1. Defendants' Motion for Summary Judgment (ECF No. 30) is GRANTED as to all three defendants with respect to Plaintiff's Equal Protection claim involving the guitar pedal.
2. Defendants' Motion for Summary Judgment (ECF No. 30) is GRANTED as to Plaintiff's claims for injunctive relief.
3. Defendants' Motion for Summary Judgment (ECF No. 30) is GRANTED as to Plaintiff's claims for monetary damages against Defendants in their official capacities.
4. Defendants' Motion for Summary Judgment (ECF No. 30) is GRANTED as to Plaintiff's claims for mental and emotional injuries.
5. Defendants' Motion for Summary Judgment (ECF No. 30) is GRANTED as to
Defendants Warden Stoddard and RUM Lauer with respect to Plaintiff's Equal Protection claim involving the guitar case.Dated: September 27, 2016
6. Defendants Warden Stoddard and RUM Lauer are DISMISSED from this action.
7. Defendants' Motion for Summary Judgment (ECF No. 30) is DENIED as to Defendant CO Almy with respect to Plaintiff's Equal Protection claim involving the guitar case. This action may proceed against CO Almy on this single claim.
/s/ Robert J. Jonker
ROBERT J. JONKER
CHIEF UNITED STATES DISTRICT JUDGE