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Defendant Dashner is mistakenly named as Carrie “Dash” in the amended

complaint.

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

WILLIAM SHORT,

Plaintiff,

v. Case No. 09-12323

Honorable Patrick J. Duggan

SHERIFF DAN HINES, SGT. WALKER,

LT. CARMONEY, JOHN DOE OFFICERS,

COORDINATED CARE PLLC, OFFICER

WICKHAM, OFFICER BRITTIN, OFFICER

WELTER, OFFICER KELLENBERGER,

RHONDA SCHULTZ, NANCY YIRKU,

JACKIE COX, MICHAEL BURGESS, and

CARRIE DASH,

Defendants.

____________________________/

OPINION AND ORDER ADOPTING MAGISTRATE JUDGE MAJZOUB’S 

JUNE 24, 2010, REPORT AND RECOMMENDATION AND DISMISSING

DISMISSING DEFENDANT DASH

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

District Courthouse, Eastern District

of Michigan, on August 17, 2010.

PRESENT: THE HONORABLE PATRICK J. DUGGAN

 U.S. DISTRICT COURT JUDGE

Plaintiff William Short (“Plaintiff”), a Michigan state prisoner, filed this pro se

action pursuant to 42 U.S.C. § 1983 against Defendants on June 16, 2009. Plaintiff later

filed an amended complaint naming a number of defendants, including Defendant

Dashner,1

 that had previously been identified only as John Does. On October 15, 2009,
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this Court entered an order referring all pretrial matters to Magistrate Judge Mona K.

Majzoub. On February 3, 2010, Defendant Dashner filed a motion to dismiss and/or for

summary judgment.

On June 24, 2010, Magistrate Judge Majzoub issued a Report and

Recommendation (R&R) recommending that this Court grant Defendant Dashner’s

motion and dismiss her from the lawsuit. (R&R at 1.) Magistrate Judge Majzoub

specifically recommends that Plaintiff’s deliberate indifference and intentional infliction

of emotional distress claims against Defendant Dashner be dismissed with prejudice. (Id.

at 7.) Meanwhile, Magistrate Judge Majzoub recommends that Plaintiff’s medical

malpractice claim against Defendant Dashner be dismissed without prejudice based on

Plaintiff’s failure to file an affidavit of merit with his complaint. (Id.)

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

they have fourteen days from service of the R&R to file any objections thereto. (Id.) 

Magistrate Judge Majzoub further advises the parties that “[f]ailure to file specific

objections constitutes a waiver of any further right of appeal.” (Id. (citing Thomas v. Arn,

474 U.S. 140 (1985); Howard v. Sec’y of Health and Human Servs., 932 F.2d 505 (6th

Cir. 1981); United States v. Walters, 638 F.2d 947 (6th Cir. 1981).) No party has filed

objections to the R&R. This Court has carefully reviewed the R&R and concurs with

Magistrate Judge Majzoub’s conclusions.

Accordingly,

IT IS ORDERED that Defendant Dashner’s motion is GRANTED such that the

deliberate indifference and intentional infliction of emotional distress claims are
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dismissed with prejudice while the medical malpractice claim is dismissed without

prejudice.

IT IS FURTHER ORDERED that Defendant Dashner is DISMISSED from this

action.

s/PATRICK J. DUGGAN

UNITED STATES DISTRICT JUDGE

Copies to:

William Short, #195405

Florence Crane Correctional Facility

38 Fourth Street

Coldwater, MI 49036

Jason D. Kolkema, Esq.

Patrick A. Aseltyne, Esq.

Clyde M. Metzger, Esq.

Judith A. Sherman, Esq.

Saulius D. Polteraitis, Esq.

Loretta B. Subhi, Esq.