Kitchen v. Heyns

Honorable Victoria A. Roberts

Honorable Victoria A. Roberts ORDER ADOPTING REPORT AND RECOMMENDATION

On May 5, 2015, Magistrate Judge Grand issued a Report and Recommendation ("R&R") recommending the Court grant Defendant MDOC's Motion to Sever. On June 19, 2015, Plaintiff filed objections.

In accordance with Fed. R. Civ. P. 72(b) and 28 U.S.C. § 636(b)(1), the Court has reviewed de novo the R&R and Plaintiff's objections. The Court agrees with Magistrate Judge Grand's conclusion.

The Court ADOPTS the R&R and GRANTS Defendant's motion. Plaintiff can continue his First and Fourteenth Amendment claims - and corresponding Michigan Constitutional claims - against Defendants LaCroix, Maciejewski, Finco, Stephenson, Steece, Gambati, and Hightower. The remainder of Plaintiff's claims against Defendants Heyns, Russell, Bauman, Schram, Prunick, Hursh, Tenuta, Seymour, Stasewich, Eubanks, Russell, Fleury, Hill, Lindemuth, and Immel are dismissed without prejudice.

IT IS ORDERED.

/s/ Victoria A. Roberts

Victoria A. Roberts

United States District Judge
Dated: August 11, 2015 The undersigned certifies that a copy of this document was served on the attorneys of record and Michael Kitchen by electronic means or U.S. Mail on August 11, 2015. s/Linda Vertriest
Deputy Clerk