United States District Court, E.D. Michigan, Southern Division
Magistrate Judge David R. Grand
ORDER ADOPTING REPORT AND RECOMMENDATION ;
OVERRULING DEFENDANT'S OBJECTION ;
OVERRULING PLAINTIFF'S OBJECTIONS ;
AND GRANTING IN PART AND DENYING IN PART
DEFENDANTS' MOTION TO DISMISS
J. Tarnow Senior United States District Judge
Edward Burley filed the instant prisoner civil rights action
on June 17, 2016. Defendants Corizon Health, Inc., Badawi
Abdellatif, M.D., and Kim Farris, P.A., filed a Motion to
Dismiss Pursuant to Fed.R.Civ.P. 12(b)(6)  on March 27,
2017. Plaintiff filed a Response  on April 21, 2017.
Defendants filed a Reply  on May 8, 2017.
January 26, 2018, the Magistrate Judge issued a Report and
Recommendation (“R&R”)  recommending that
the Court grant in part and deny in part Defendants'
Motion to Dismiss.
Abdellatif filed an Objection  to the R&R on February
2, 2018. Plaintiff filed a Response to Objection  on
February 16, 2018. Defendant filed a Reply  on February
21, 2018. Plaintiff filed Objections  to the R&R on
March 2, 2018. Plaintiff filed a Cross-Reply  on March 5,
2018. Defendants filed a Response  on March 12, 2018.
reasons stated below, the R&R  is
ADOPTED; Defendant's Objection  is
OVERRULED; Plaintiff's Objections 
are OVERRULED; and Defendants' Motion to
Dismiss  is GRANTED in part and DENIED in
Court adopts the facts of this case as set forth in the
At all times relevant to this action, Burley was an inmate at
the Macomb Correctional Facility (“MRF”), a
prison operated by the Michigan Department of Corrections
(“MDOC”). Burley's claims center around a
June 23, 2015 chronic care visit he had with Dr. Abdellatif
regarding his complaints of heel spur pain and acid reflux.
Burley alleges that Dr. Abdellatif took his vitals, but then,
after Burley mentioned that he “was on the Vegan line
and was Jewish, ” Abdellatif terminated the
appointment, canceled various accommodations that had been
previously ordered for Burley, and refused to prescribe
Burley pain medicine.
Burley also alleges that he advised PA Farris “that
Abdellatif had denied [him] medical care, ” and that
she “assured [him] that [he] would be treated for [his]
foot problems and acid reflux.” However, Farris
allegedly, told other nurses not to provide Burley with
accommodations for his “asthma and other breathing
complications, ” denied him “a medically
necessary Hearing Aid for a period of time, ” and also
failed to treat his injured back.
After pursuing internal grievances against Abdellatif, Burley
filed the instant suit on June 17, 2016. Construing
Burley's complaint liberally, he alleges the following
1) deliberate indifference to his serious medical needs in
violation of the Eighth Amendment;
2) retaliation in violation of the First Amendment;
3) violation of his First Amendment right to freedom of