UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

WILLIAM SHORT,

Plaintiff,

v.

SHERIFF DAN HINES, SGT. WALKER,

LT. CARMONEY, OFFICER WICKHAM,

OFFICER BRITTIN, OFFICER WELTER,

OFFICER KELLENBERGER, RHONDA

SCHULTZ, NANCY YIRKU, JACKIE

COX, MICHAEL BURGESS, CARRIE

DASH, COORDINATED CARE PLLC, and

JOHN DOE,

Defendants.

 /

Case No. 09-12323

Honorable Patrick J. Duggan

OPINION AND ORDER

 At a session of said Court, held in the U.S.

District Courthouse, Eastern District 

of Michigan, on December 22, 2011.

PRESENT: THE HONORABLE PATRICK J. DUGGAN

U.S. DISTRICT COURT JUDGE

On June 16, 2009, William Short (“Plaintiff”), at that time a state prisoner confined

at the Carson City Correctional Facility, in Carson City, Michigan, filed this pro se civil

rights action pursuant to 42 U.S.C. § 1983. Defendants Rhonda Schultz, Nancy Yirku,

Jackie Cox, Michael Burgess, and Coordinated Care PLLC (collectively, “Defendants”)

have now moved for summary judgment pursuant to Federal Rule of Civil Procedure 56,

and this motion is presently before the Court. Also before the Court is Plaintiff’s motion

2:09-cv-12323-PJD-MKM Doc # 74 Filed 12/22/11 Pg 1 of 3 Pg ID 986
1

 The Court also notes a second reason for denying Plaintiff’s motion as moot. According

to records maintained by the Michigan Department of Corrections, Plaintiff was released

on parole on October 6, 2011.

2

to stay these proceedings until he is released on parole. The Court has referred this action

to Magistrate Judge Mona K. Majzoub for all pretrial proceedings.

On October 7, 2011, Magistrate Judge Majzoub filed a Report and Recommendation

(“R&R”), recommending that this Court grant Defendants’ motion for summary judgment. 

Magistrate Judge Majzoub concludes that Plaintiff has satisfied the objective component

of his claim of deliberate indifference to a serious medical need, as he has established that

he was prescribed medications to treat his various conditions. Magistrate Judge Majzoub

concludes, however, that Plaintiff has failed to satisfy the subjective component of his

claim, as he has not presented evidence indicating that Defendants: (1) perceived facts

from which they could infer a substantial risk to Plaintiff’s health; (2) drew that inference;

and (3) disregarded the risk to Plaintiff. Magistrate Judge Majzoub notes that the medical

records provided by Defendants demonstrate attention to Plaintiff’s medical needs, even

though Defendants did not provide Plaintiff with the treatment he desired. Because

Magistrate Judge Majzoub recommends granting Defendants’ motion for summary

judgment, she concludes that Plaintiff’s motion to stay these proceedings should be denied

as moot.1

At the conclusion of the R&R, Magistrate Judge Majzoub advises the parties that

they may object and seek review of the R&R within ten days of service upon them. R&R

12. She further advises that “[f]ailure to file specific objections constitutes a waiver of any

2:09-cv-12323-PJD-MKM Doc # 74 Filed 12/22/11 Pg 2 of 3 Pg ID 987
3

further right of appeal.” Id. (citing Thomas v. Arn, 474 U.S. 140, 106 S. Ct. 466 (1985);

Howard v. Sec’y of Health & Human Servs., 932 F.2d 505 (6th Cir. 1991); United States v.

Walters, 638 F.2d 947 (6th Cir. 1981)). No objections to the R&R have been filed.

The Court has carefully reviewed the R&R and concurs with the conclusions reached

by Magistrate Judge Majzoub.

Accordingly,

IT IS ORDERED that Defendants’ motion for summary judgment is GRANTED.

s/PATRICK J. DUGGAN

UNITED STATES DISTRICT JUDGE

Copies to:

William Short

541 Wildwood Avenue #307 

Jackson, MI 49201 

Clyde M. Metzger, Esq.

Judith A. Sherman, Esq.

Saulius D. Polteraitis, Esq.

Magistrate Judge Mona K. Majzoub

2:09-cv-12323-PJD-MKM Doc # 74 Filed 12/22/11 Pg 3 of 3 Pg ID 988