Delaney #671563 v. Schroeder et al

2:24-cv-00172MiwdMay 26, 2026

Full text

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
NORTHERN DIVISION
BRASHARD DELANEY,
Plaintiff,
v.
SARA SCHROEDER, et al.,
Defendants.
________________________/
Case No. 2:24-cv-172
HON. JANE M. BECKERING
ORDER
This is a civil rights action brought by a state prisoner under 42 U.S.C. § 1983. Defendant
Roberts filed a Motion to Dismiss (ECF No. 37) and a Motion to strike Plaintiff’s sur-reply (ECF
No. 46). 	The matter was referred to the Magistrate Judge, who issued a Report and
Recommendation (ECF No. 51) on April 15, 2026, recommending that this Court grant the motion
to dismiss and deny the motion to strike. The Report and Recommendation was duly served on
the remaining parties that have appeared to date. No objections have been filed. See 28 U.S.C.
§ 636(b)(1). Accordingly:
IT IS HEREBY ORDERED that the Report and Recommendation (ECF No. 51) is
APPROVED and ADOPTED as the Opinion of the Court.
IT IS FURTHER ORDERED that the Motion to Dismiss (ECF No. 37) is GRANTED.
Defendant Roberts is terminated from this action.
IT IS FURTHER ORDERED that the Motion to strike Plaintiff’s sur-reply (ECF No. 46)
is DENIED.
Case 2:24-cv-00172-JMB-MV ECF No. 52, PageID.<pageID> Filed 05/26/26 Page 1
of 2
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This case proceeds as to Plaintiff’s Eighth Amendment deliberate indifference claims
against Defendants John Doe C/O #1 and Unknown Supervisor #1.
Dated: May 26, 2026 	/s/ Jane M. Beckering
JANE M. BECKERING
United States District Judge
Case 2:24-cv-00172-JMB-MV ECF No. 52, PageID.<pageID> Filed 05/26/26 Page 2
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