Opinion
21-cv-12801
11-21-2022
BRIAN VINK, Plaintiff, v. JORDAN BLOCK et al., Defendants.
Patricia T. Morris Magistrate Judge
ORDER ADOPTING REPORT AND RECOMMENDATION (ECF NO. 25) AND GRANTING DEFENDANTS' MOTION TO DISMISS (ECF NO. 21)
Shalina D. Kumar United States District Judge
Brian Vink, a now-paroled former Michigan Department of Corrections (MDOC) prisoner, filed a pro se complaint under 42 U.S.C. § 1983 alleging violations of his Eighth Amendment rights while he was incarcerated. ECF No. 1. This case was referred to the magistrate judge for all pretrial matters pursuant to 28 U.S.C. § 636(b). ECF No. 8. Defendants filed a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), Vink filed a response, and defendants filed a reply. ECF No. 21, 23, 24.
On October 11, 2022, the assigned magistrate judge issued a Report and Recommendation (R&R). ECF No. 25. The R&R recommends that the Court grant defendants' motion to dismiss for failure to state a claim upon which relief may be granted and dismiss Vink's complaint. Id. No party has filed objections to the R&R.
The Court has reviewed the record and ADOPTS the R&R relative to defendants' motion to dismiss as the findings and conclusions of the Court.
Accordingly, IT IS ORDERED that defendants' motion to dismiss (ECF No. 21) is GRANTED and Vink's complaint (ECF No. 1) is DISMISSED.