Proctor et al v. Applegate et al

Filing 225

ORDER DENYING CERTIFICATE OF APPEALABILITY UNDER 28 U.S.C. § 1292(b)and denying 207 Motion to Stay. Signed by District Judge Paul D Borman. (DGoo)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION FRED CORTLAND PROCTOR, et. al., Case No. 07-12414 Plaintiffs, vs. L. APPLEGATE, et al., Defendants. ________________________________/ ORDER (1) DENYING CERTIFICATE OF APPEALABILITY UNDER 28 U.S.C. § 1292(b) and (2) DENYING MOTION FOR STAY OF PROCEEDINGS On October 19, 2009, Plaintiffs filed an Application for Leave to File Interlocutory Appeal (Dkt. No. 208), seeking to appeal this Court's September 30, 2009 Opinion and Order (1) Adopting the Magistrate Judge's Amended Report and Recommendation; (2) Denying Plaintiffs' Objections to the Magistrate Judge's Amended Report and Recommendation; (3) Granting in Part and Denying in Part Defendants' Motions to Dismiss; and (4) Ordering Severance of Certain Claims and Permitting Certain Plaintiffs to File Amended Complaints. (Dkt. No. 202.) Plaintiffs Paul D. Borman United States District Judge Michael Hluchaniuk United States Magistrate Judge

simultaneously filed, on October 19, 2009, Motion to Stay Proceedings. (Dkt. No. 207.) The Court DENIES certification under 28 U.S.C. § 1292(b), as an appeal would be frivolous and would not materially advance the litigation. The Court DENIES Plaintiffs' Motion to Stay Proceedings. IT IS SO ORDERED. s/Paul D. Borman PAUL D. BORMAN UNITED STATES DISTRICT JUDGE Dated: December 29, 2009

CERTIFICATE OF SERVICE Copies of this Order were served on the attorneys of record by electronic means or U.S. Mail on December 29, 2009. s/Denise Goodine Case Manager