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Crawford v. Washington, 17-11423. (2018)

Court: District Court, E.D. Michigan Number: infdco20180724824 Visitors: 8
Filed: Jul. 23, 2018
Latest Update: Jul. 23, 2018
Summary: OPINION AND ORDER (1) ADOPTING MAGISTRATE JUDGE'S JUNE 11, 2018 REPORT AND RECOMMENDATION [ECF NO. 46]; (2) GRANTING MOTION FOR SUMMARY JUDGMENT BY DEFENDANTS QUALITY CORRECTIONAL CARE OF MICHIGAN AND CRAIG HUTCHINSON (ECF NO. 33); AND (3) DISMISSING PLAINTIFF'S CLAIMS AGAINST DEFENDANT MICHIGAN CORRECTIONS COMMISSION LINDA V. PARKER , District Judge . This is a civil rights action brought pursuant to 42 U.S.C. 1983, in which Plaintiff alleges deliberate indifference to his serious medic
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OPINION AND ORDER (1) ADOPTING MAGISTRATE JUDGE'S JUNE 11, 2018 REPORT AND RECOMMENDATION [ECF NO. 46]; (2) GRANTING MOTION FOR SUMMARY JUDGMENT BY DEFENDANTS QUALITY CORRECTIONAL CARE OF MICHIGAN AND CRAIG HUTCHINSON (ECF NO. 33); AND (3) DISMISSING PLAINTIFF'S CLAIMS AGAINST DEFENDANT MICHIGAN CORRECTIONS COMMISSION

This is a civil rights action brought pursuant to 42 U.S.C. § 1983, in which Plaintiff alleges deliberate indifference to his serious medical needs. On December 29, 2017, Defendants Craig Hutchinson, M.D. and Quality Correctional Care of Michigan filed a motion for summary judgment. (ECF No. 33.) The matter has been assigned to Magistrate Judge Anthony P. Patti for all pretrial proceedings, including a hearing and determination of all non-dispositive matters pursuant to 28 U.S.C. § 636(b)(1)(A) and/or a report and recommendation on all dispositive matters pursuant to 28 U.S.C. § 636(b)(1)(B). (ECF No. 9.)

Magistrate Judge Patti issued a report and recommendation ("R&R") on June 11, 2018, in which he recommends that the Court grant the pending summary judgment motion. (ECF No. 46.) Magistrate Judge Patti further recommends that the Court sua sponte dismiss Plaintiff's claims against the Michigan Corrections Commission pursuant to 28 U.S.C. § 1915A(b)(1) because Plaintiff fails to state a viable claim against this defendant. At the conclusion of the R&R, Magistrate Judge Patti advises that the parties may object to and seek review of the R&R within fourteen days of service upon them. (Id. at Pg ID 302-03.) He further specifically advises the parties that "[f]ailure to timely file objections constitutes a waiver of any further right to appeal." (Id. at Pg ID 302) Neither party filed objections to the R&R.

The Court has carefully reviewed the R&R and concurs with the conclusions reached by Magistrate Judge Patti. The Court therefore adopts the R&R.

Accordingly,

IT IS ORDERED that the motion for summary judgment filed by Defendants Craig Hutchinson and Quality Correctional Care of Michigan (ECF No. 33) is GRANTED;

IT IS FURTHER ORDERED that Plaintiff's claims against Defendant Michigan Corrections Commission are sua sponte dismissed pursuant to 28 U.S.C. § 1915(A)(b)(1).

Source:  Leagle

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