JUDGMENT PAUL L. MALONEY , District Judge . In accordance with the Order entered on this date: IT IS HEREBY ORDERED that Judgment is entered in favor of Defendant and against Plaintiff.
ORDER ADOPTING REPORT AND RECOMMENDATION PAUL L. MALONEY , District Judge . This is a prisoner civil rights action filed pursuant to 42 U.S.C. 1983. Both Plaintiff and Defendant filed motions for summary judgment. The matter was referred to the Magistrate Judge, who issued a Report and Recommendation on February 18, 2020, recommending that this Court grant Defendant's motion and enter judgment in favor of Defendant. The Report and Recommendation was duly served on the parties. No...
REPORT AND RECOMMENDATION MAARTEN VERMAAT , Magistrate Judge . I. Introduction This is a civil rights action brought by state prisoner Casey Hayes Perry pursuant to 42 U.S.C. 1983. Perry is currently confined in the Thumb Correctional Facility in Lapeer, Michigan. Perry says that while he was confined at the Chippewa Correctional Facility (URF), Defendant Quartermaster Jon Hall violated his Eighth Amendment rights by refusing to order him properly-sized, prescription athletic shoes. 1...
ORDER ADOPTING REPORT AND RECOMMENDATION PAUL L. MALONEY , District Judge . The Court has reviewed the Report and Recommendation filed by United States Magistrate Judge Ray Kent in this action (ECF No. 17). The Report and Recommendation was duly served on the parties, and no objection has been made thereto within the time required by law. THEREFORE, IT IS ORDERED that: 1. The Report and Recommendation of the Magistrate Judge is approved and adopted as the opinion of the Court. 2....
REPORT AND RECOMMENDATION RAY KENT , Magistrate Judge . Pursuant to W.D. Mich. LCrR 11.1 and upon a request of the district court, I conducted a felony plea hearing in this matter on March 3, 2020, after receiving the written consent of the defendant, the defendant's attorney, and the attorney for the government. These consents were also placed on the record in open court. Defendant Leonardo Perez-Lopez is charged in a single-count Indictment with being illegally in this country after...
JUDGMENT PAUL L. MaLONEY , District Judge . In accordance with the order entered on this date (ECF No. 223), and pursuant to Fed. R. Civ. P. 58, JUDGMENT hereby enters. THIS ACTION IS TERMINATED. IT IS SO ORDERED.
OPINION PAUL L. MALONEY , District Judge . On July 19, 2019, United States Magistrate Judge Ellen S. Carmody 1 issued a Report & Recommendation ("R&R") recommending that the Court dismiss Petitioner Schenvisky James' petition for writ of habeas corpus (ECF No. 212). This matter is now before the Court on James' objection to the R&R (ECF No. 216), and several other motions and objections (ECF Nos. 205, 206, 218, 219). For the reasons to be discussed, the Court will overrule all objections,...
ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION ROBERT J. JONKER , Chief District Judge . The Court has reviewed Magistrate Judge Vermaat's Report and Recommendation in this matter (ECF No. 24) and Plaintiff's Objections (ECF No. 25). Under the Federal Rules of Civil Procedure, where, as here, a party has objected to portions of a Report and Recommendation, "[t]he district judge . . . has a duty to reject the magistrate judge's recommendation unless, on de novo reconsideration, he...
ORDER ADOPTING REPORT AND RECOMMENDATION PAUL L. MALONEY , District Judge . The Court has reviewed the Report and Recommendation filed by United States Magistrate Judge Phillip J. Green in this action (ECF No. 19). The Report and Recommendation was duly served on the parties, and no objection has been made thereto within the time required by law. THEREFORE, IT IS ORDERED that: 1. The Report and Recommendation of the Magistrate Judge is approved and adopted as the opinion of the Court....
REPORT AND RECOMMENDATION PHILLIP J. GREEN , Magistrate Judge . Pursuant to W.D. MICH. L.CR.R. 11.1, I conducted a plea hearing in the captioned case on February 28, 2020, after receiving the written consent of defendant and all counsel. At the hearing, defendant Michael Montrail Brown entered a plea of guilty to Count 1 of the Indictment in exchange for the undertakings made by the government in the written plea agreement. In Count 1 of the Indictment, defendant is charged with...
ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION ROBERT J. JONKER , Chief District Judge . The Court has reviewed Magistrate Judge Kent's Report and Recommendation in this matter (ECF No. 76) and Plaintiff's Objections (ECF No. 77). Under the Federal Rules of Civil Procedure, where, as here, a party has objected to portions of a Report and Recommendation, "[t]he district judge . . . has a duty to reject the magistrate judge's recommendation unless, on de novo reconsideration, he or...
REPORT AND RECOMMENDATION RAY KENT , Magistrate Judge . This is a pro se civil rights action brought by a prisoner in the custody of the Michigan Department of Corrections (MDOC). This matter is now before the Court on motions for summary judgment filed by defendants Larson, Novak, Rykse, Schiebner, and Turner (ECF No. 46) and by plaintiff (ECF No. 50). I. Background The Court previously summarized plaintiff's complaint as follows: Plaintiff is presently incarcerated with the Michigan...
ORDER ADOPTING REPORT AND RECOMMENDATION GORDON J. QUIST , District Judge . On February 26, 2020, U.S. Magistrate Judge Maarten Vermaat issued a thorough 54-page Report and Recommendation (R. & R.), recommending that the Court grant Defendants' motion for summary judgment. (ECF No. 245). The Court has reviewed the R. & R. No objections have been filed pursuant to 28 U.S.C. 636(b). Thus, the Court will adopt the R. & R. THEREFORE, IT IS HEREBY ORDERED that the February 26, 2020, Report...
REPORT AND RECOMMENDATION MAARTEN VERMAAT , Magistrate Judge . I. Introduction State prisoner Edison Alexander Peoples filed this civil rights action, pursuant to 42 U.S.C. 1983, on May 14, 2014. (ECF No. 1.) He amended his complaint on October 24, 2014. (ECF No. 10.) Peoples's claims relate to events that took place at the Alger Correctional Facility (LMF) in May, June, and August of 2011, when he was removed from his cell and restrained on several occasions. U.S. District Judge R....
OPINION AND ORDER JANET T. NEFF , District Judge . Plaintiff filed this action pursuant to 42 U.S.C. 1983, bringing an Eighth Amendment claim for the denial of medical treatment. The remaining Defendants, Grahn, Lindhout, and Corizon Health, Inc., filed a Motion for Summary Judgment and Plaintiff filed a Motion to Extend Discovery Deadline. The matter was referred to the Magistrate Judge, who issued a Report and Recommendation, recommending Plaintiff's motion be denied, Defendants'...
ORDER ADOPTING REPORT AND RECOMMENDATION JANET T. NEFF , District Judge . The Court has reviewed the Report and Recommendation filed on February 28, 2020 by the United States Magistrate Judge in this action. The Report and Recommendation was duly served on the parties, and no objection has been made thereto within the time required by law. THEREFORE, IT IS ORDERED that: 1. The Report and Recommendation of the Magistrate Judge (ECF No. 16) is approved and adopted as the opinion of the...
REPORT AND RECOMMENDATION PHILLIP J. GREEN , Magistrate Judge . Pursuant to W.D. MICH. L.CR.R. 11.1, I conducted a plea hearing in the captioned case on February 28, 2020, after receiving the written consent of defendant and all counsel. There is no plea agreement. At the hearing, defendant Ines Antonio Gil entered a plea of guilty to the Indictment charging defendant with alien reentry, in violation of 8 U.S.C. 1326(a). On the basis of the record made at the hearing, I find that...
ORDER ADOPTING REPORT AND RECOMMENDATION JANET T. NEFF , District Judge . The Court has reviewed the Report and Recommendation filed on February 28, 2020 by the United States Magistrate Judge in this action. The Report and Recommendation was duly served on the parties, and no objection has been made thereto within the time required by law. THEREFORE, IT IS ORDERED that: 1. The Report and Recommendation of the Magistrate Judge (ECF No. 26) is approved and adopted as the opinion of the...
REPORT AND RECOMMENDATION PHILLIP J. GREEN , Magistrate Judge . Pursuant to W.D. MICH. L.CR.R. 11.1, I conducted a plea hearing in the captioned case on February 28, 2020, after receiving the written consent of defendant and all counsel. At the hearing, defendant Richard Donald Schmeling entered a plea of guilty to Counts 1 and 3 of the Indictment in exchange for the undertakings made by the government in the written plea agreement. In Count 1 of the Indictment, defendant is charged with...
JUDGMENT PAUL L. MALONEY , District Judge . In accordance with the opinion entered this day: IT IS ORDERED that the petition for writ of habeas corpus is DISMISSED WITHOUT PREJUDICE under Rule 4 of the Rules Governing 2254 Cases for lack of exhaustion of available state-court remedies.
