United States District Court, E.D. Michigan, Southern Division
Steven Whalen Magistrate Judge.
ORDER ACCEPTING AND ADOPTING THE MAGISTRATE
JUDGE'S JULY 31, 2019 REPORT AND RECOMMENDATION
G. Edmunds United States District Judge.
David Haney filed this pro se civil rights matter
against Nicki Monroe, Addie Briske, Vicki Jensen, Deborah
Swickley, Bridget Ball, Jennifer Russel, and Jack Bellinger,
who are employees of the Michigan Department of Corrections
(“MDOC”), and Dr. Robert Crompton, who is
employed by Corizon Health, Inc. Plaintiff claims that
Defendants denied him adequate medical care in violation of
the Eighth Amendment to the United States Constitution.
before the Court is the Magistrate Judge's July 31, 2019
Report and Recommendation. (ECF No. 116.) The Magistrate
Judge recommends that the Court enter summary judgment as to
Defendant Russel and dismiss all claims against her.
Plaintiff objects to the Magistrate Judge's Report and
Recommendation. (ECF No. 119.) The Court has conducted a
de novo review of Plaintiff's objection. For the
reasons set forth below, the Court OVERRULES
Plaintiff's objection, ACCEPTS and
ADOPTS the Magistrate Judge's Report and
Recommendation, and GRANTS summary judgment
in favor Defendant Russel.
Standard of Review
Court performs a de novo review of those portions of
the Magistrate Judge's Report and Recommendation to which
Plaintiff has objected. Fed.R.Civ.P. 72(b); 28 U.S.C. §
636(b). The Court need not and does not perform a de novo
review of the report's unobjected-to findings. Thomas
v. Arn, 474 U.S. 140, 150 (1985). Moreover, an objection
that “does nothing more than state a disagreement with
a magistrate's suggested resolution, or simply summarizes
what has been presented before, is not an
‘objection' as that term is used in this
context.” Aldrich v. Bock, 327 F.Supp.2d. 743,
747 (E.D. Mich. 2004). Indeed, the purpose of an objection to
a report and recommendation is to provide the Court
“with the opportunity to consider the specific
contentions of the parties and to correct any errors
immediately.” Id. (quoting United States
v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981)).
April 11, 2019 Report and Recommendation, the Magistrate
Judge notified Plaintiff that she intended to recommend that
summary judgment be granted as to Defendant Russel, who has
yet to be served with the complaint or waive service, for the
same reasons as the other Defendants. The Magistrate Judge
directed Plaintiff to submit a brief explaining why summary
judgment should not be granted as to Defendant Russel. In the
Report and Recommendation now before the Court, the
Magistrate Judge states that she did not receive a brief from
Plaintiff, and accordingly, recommends granting summary
judgment in favor of Defendant Russel because the record does
not support Plaintiff's claim.
objects to the Report and Recommendation and claims that he
did in fact submit a brief opposing summary judgement in
favor of Defendant Russel. Plaintiff contends that he did
timely submit a response brief, but that the brief was sent
to this Court as opposed to the magistrate judge. Plaintiff,
however, does not otherwise specifically object to the
Magistrate Judge's substantive findings concerning
Court has reviewed the entire record in this matter,
including the response brief attached to Plaintiff's
objection. Regardless of whether Plaintiff properly submitted
a response brief as ordered by the magistrate judge, and as
the magistrate judge found, the record does not support a
deliberate indifference claim against Defendant Russel.
Therefore, the Court agrees with the Magistrate Judge's
recommendation to enter summary judgment as to Defendant
Russel pursuant to Federal Rule of Civil Procedure 56(f).
above-stated reasons, and for the reasons provided in the
Magistrate Judge's Report and Recommendation, the Court
OVERRULES Plaintiff's objection,
ACCEPTS and ADOPTS the
Magistrate Judge's Report and Recommendation, and
GRANTS summary judgment in favor of Defendant
hereby certify that a copy of the foregoing document was
served upon counsel of record on December 4, 2019, ...