Opinion
Case No: 14-12883
08-11-2015
MICHAEL KITCHEN, Plaintiff, v. DANIEL HEYNS, ET AL, Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION
On May 5, 2015, Magistrate Judge Grand issued a Report and Recommendation ("R&R") recommending the Court grant Defendant MDOC's Motion to Sever. On June 19, 2015, Plaintiff filed objections.
In accordance with Fed. R. Civ. P. 72(b) and 28 U.S.C. § 636(b)(1), the Court has reviewed de novo the R&R and Plaintiff's objections. The Court agrees with Magistrate Judge Grand's conclusion.
The Court ADOPTS the R&R and GRANTS Defendant's motion. Plaintiff can continue his First and Fourteenth Amendment claims - and corresponding Michigan Constitutional claims - against Defendants LaCroix, Maciejewski, Finco, Stephenson, Steece, Gambati, and Hightower. The remainder of Plaintiff's claims against Defendants Heyns, Russell, Bauman, Schram, Prunick, Hursh, Tenuta, Seymour, Stasewich, Eubanks, Russell, Fleury, Hill, Lindemuth, and Immel are dismissed without prejudice.
IT IS ORDERED.
/s/ Victoria A. Roberts
Victoria A. Roberts
United States District Judge
Dated: August 11, 2015 The undersigned certifies that a copy of this document was served on the attorneys of record and Michael Kitchen by electronic means or U.S. Mail on August 11, 2015. s/Linda Vertriest
Deputy Clerk