Summary
extending Powers exception to plaintiff incarcerated only forty-three days after parole revocation
Summary of this case from Goodell v. ErvinOpinion
Case No. 19-11334
10-09-2020
RICHARD SOLDAN, Plaintiff, v. WILLIAM ROBINSON, ET AL., Defendants.
U.S. MAGISTRATE JUDGE ANTHONY P. PATTI
ORDER ADOPTING REPORT AND RECOMMENDATIONS [41]; DENYING DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT [21] [26]
On May 3, 2019, pro se Plaintiff Richard Soldan filed this prisoner civil rights action pursuant to 42 U.S.C. § 1983 against Defendants William R. Robinson, Robert A. Warner, James B. Robertson, and Michigan Department of Corrections (MDOC). On November 18 and December 4, 2019, Defendants filed Motions for Summary Judgment [21] [26]. Plaintiff filed a Response [30] on January 21, 2020. Defendants filed a Reply [32] on February 14, 2020. On July 9, 2020, the Magistrate Judge issued a Report and Recommendation ("R&R") [41] recommending that the Court deny Defendants' Motions for Summary Judgment [21] [26]. Neither party having filed an objection to the R&R and the Court having reviewed the record, the R&R [41] is hereby ADOPTED and entered as the findings and conclusions of the Court.
Accordingly,
IT IS ORDERED that Defendants' Motions for Summary Judgment [21] [26] are DENIED.
s/Arthur J. Tarnow
Arthur J. Tarnow
Senior United States District Judge Dated: October 9, 2020