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Burley v. Abedellatif

United States District Court, E.D. Michigan, Southern Division

March 19, 2018

Edward Burley, Plaintiff,
v.
Badawi Abdellatif, et al., Defendants.

          U.S. Magistrate Judge David R. Grand

          ORDER ADOPTING REPORT AND RECOMMENDATION [61]; OVERRULING DEFENDANT'S OBJECTION [63]; OVERRULING PLAINTIFF'S OBJECTIONS [71]; AND GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS [55]

          Arthur J. Tarnow Senior United States District Judge

         Plaintiff 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) [55] on March 27, 2017. Plaintiff filed a Response [57] on April 21, 2017. Defendants filed a Reply [58] on May 8, 2017.

         On January 26, 2018, the Magistrate Judge issued a Report and Recommendation (“R&R”) [61] recommending that the Court grant in part and deny in part Defendants' Motion to Dismiss.

         Defendant Abdellatif filed an Objection [63] to the R&R on February 2, 2018. Plaintiff filed a Response to Objection [65] on February 16, 2018. Defendant filed a Reply [68] on February 21, 2018. Plaintiff filed Objections [71] to the R&R on March 2, 2018. Plaintiff filed a Cross-Reply [73] on March 5, 2018. Defendants filed a Response [77] on March 12, 2018.

         For the reasons stated below, the R&R [61] is ADOPTED; Defendant's Objection [63] is OVERRULED; Plaintiff's Objections [71] are OVERRULED; and Defendants' Motion to Dismiss [55] is GRANTED in part and DENIED in part.

         Factual Background

         The Court adopts the facts of this case as set forth in the R&R:

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 claims:
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 ...

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