Holmes v. Overton

Full title: MICHAEL STEVEN HOLMES, Plaintiff, v. WILLIAM OVERTON, et. al., Defendant

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

Date published: Sep 26, 2006

Case No. 5:03-cv-88 (W.D. Mich. Sep. 26, 2006)

Opinion

Case No. 5:03-cv-88.

September 26, 2006

ORDER

R. EDGAR, District Judge

Plaintiff Michael Steven Holmes, a state prisoner in the custody of the Michigan Department of Corrections, brings this civil rights action under 42 U.S.C. § 1983. Defendants Correctional Medical Services, Inc. And Rocco DeMasi move for summary judgment pursuant to Fed.R.Civ.P. 56. [Doc. No. 109]. The motion was referred to Magistrate Timothy P. Greeley for a report and recommendation pursuant to 28 U.S.C. § 636(b)(1)(B), Fed.R.Civ.P. 72(b), and W.D. Mich. LCivR 72.1. The Magistrate Judge has submitted his report and recommendation. [Doc. No. 117]. The Magistrate Judge recommends that the defendants' summary judgment motion be denied because there are genuine issues of material fact in dispute.

There are objections to the report and recommendation by the defendants. [Doc. No. 74]. After reviewing the record de novo, the Court concludes that the defendants' objections are DENIED. The Court ACCEPTS and ADOPTS the report and recommendation pursuant to 28 U.S.C. § 636(b)(1), Fed.R.Civ.P. 72(b), and W.D. Mich. LCivR 72.3(b). The defendants' motion for summary judgment [Doc. No. 109] is DENIED.

SO ORDERED.