Opinion
Case No. 2:18-CV-216
07-31-2020
ROBERT CLEVELAND MITCHELL #166223, III, Plaintiff, v. CONNIE HORTON, et al., Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION
On July 6, 2020, U.S. Magistrate Judge Maarten Vermaat issued a Report and Recommendation (R. & R.), recommending that the Court grant in part and deny in part MDOC Defendants' Motion for Partial Summary Judgment Based on Failure to Exhaust and Motion to Dismiss Based on Eleventh Amendment Immunity. (ECF No. 40). The Court has reviewed the R. & R. No objections have been filed pursuant to 28 U.S.C. § 636(b). Thus, the Court will adopt the R. & R.
THEREFORE, IT IS HEREBY ORDERED that the July 6, 2020, Report and Recommendation (ECF No. 40) is adopted as the Opinion of the Court.
IT IS FURTHER ORDERED that Defendants' motion (ECF No. 26) is GRANTED IN PART AND DENIED IN PART for the reasons set forth in the R. & R. Therefore, Plaintiff's claims against Defendants Michigan Department of Corrections, Heidi Washington, and Kenneth McKee are dismissed without prejudice.
Plaintiff's American with Disability Act (ADA) and state law claims against Defendant Connie Horton remain in this case. Dated: July 31, 2020
/s/ Gordon J. Quist
GORDON J. QUIST
UNITED STATES DISTRICT JUDGE