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Mitchell v. Horton

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN NORTHERN DIVISION
Jul 31, 2020
Case No. 2:18-CV-216 (W.D. Mich. Jul. 31, 2020)

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


Summaries of

Mitchell v. Horton

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN NORTHERN DIVISION
Jul 31, 2020
Case No. 2:18-CV-216 (W.D. Mich. Jul. 31, 2020)
Case details for

Mitchell v. Horton

Case Details

Full title:ROBERT CLEVELAND MITCHELL #166223, III, Plaintiff, v. CONNIE HORTON, et…

Court:UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN NORTHERN DIVISION

Date published: Jul 31, 2020

Citations

Case No. 2:18-CV-216 (W.D. Mich. Jul. 31, 2020)