United States District Court, Eastern District of Michigan, Southern Division
February 23, 2015
CHESTER HARDY, Plaintiff,
DEBRA SCUTT, et al., Defendants.
ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION AND DISMISSING PLAINTIFF’S COMPLAINT
Honorable Gerald E. Rosen United States District Chief Judge.
This Section 1983 prisoner civil rights matter having come before the Court on the February 5, 2015 Report and Recommendation of United States Magistrate Judge Mona K. Majzoub recommending that the Court grant the motion for summary judgment filed by Defendants Karen Ibarra, R.N. and Corizon Health, Inc.; and no objections to the Magistrate Judge’s Report and Recommendation having been timely filed; and the Court having reviewed the Magistrate Judge’s Report and Recommendation and the Court’s entire file of this action, and having concluded that, for the reasons stated in the Report and Recommendation, Defendants’ motion for summary judgment should be granted and this case should, accordingly, be dismissed in its entirety, with prejudice; and the Court being otherwise fully advised in the premises, NOW, THEREFORE, IT IS HEREBY ORDERED that the Magistrate Judge’s Report and Recommendation of February 5, 2015 [Dkt. # 71] be, and hereby is, ADOPTED by this Court. Accordingly, IT IS FURTHER ORDERED that, for the reasons set forth in the Magistrate Judge’s Report and Recommendation, Defendants Karen Ibarra, R.N. and Corizon Health, Inc.’s Motion for Summary Judgment [Dkt. # 65] be, and hereby is, GRANTED, and Plaintiff’s Request for an Independent Examination by an Eye-Care Expert [Dkt. # 58] and his Motion to Compel Discovery [Dkt #. 63] are DENIED, AS MOOT.
Defendants Ibarra and Corizon Health being the only remaining defendants in this action, IT IS FURTHER ORDERED that Plaintiff’s Complaint be, and hereby is, DISMISSED in its entirety.
IT IS FURTHER ORDERED that, based on the reasons set forth in the Magistrate Judge’s Report and Recommendation of February 5, 2015, as well as her previous R&Rs of May 7, 2012 [Dkt. # 30] and April 16, 2014 [Dkt. # 54], this Court certifies that any appeal by Plaintiff would be frivolous and not in good faith. 28 U.S.C. § 1915(a).