Baxter v. Bostic et al

Filing 36

ORDER CONSOLIDATING Plaintiff's Counts II-IV into a single count. Signed by District Judge Robert H Cleland. (LWag)

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

RONALD BAXTER, Plaintiff, v. MARK BOSTIC, DAVID WILKERSON, CRYSTAL HUNTER, DERRICK HAYES, LT. BROWN, SGT. D. SIATA and CITY OF DETROIT Defendants. / ORDER CONSOLIDATING PLAINTIFF'S COUNTS II - IV INTO A SINGLE COUNT On August 15, 2008 the court issued an order regarding Counts II - IV of Plaintiff's complaint. The court ordered Plaintiff to show cause on or before August 29, 2008 why Counts II - IV should not be consolidated into one count. Plaintiff did not respond to this show cause order on or before August 29, 2008. Accordingly, IT IS ORDERED that Plaintiff's Counts II - IV are DEEMED CONSOLIDATED into one count which alleges a violation of constitutional rights secured by the Fourth and Fourteenth Amendments and actionable under 42 U.S.C. § 1983. The consolidation has the effect of taking the alleged violations of federal law under Count III Case No. 08-CV-10291

and properly asserting them under the 42 U.S.C. § 1983 claim of Count II. Plaintiff's complaint shall be deemed to not raise Count IV's claim of a violation of the Eighth Amendment. s/Robert H. Cleland ROBERT H. CLELAND UNITED STATES DISTRICT JUDGE Dated: September 18, 2008 I hereby certify that a copy of the foregoing document was mailed to counsel of record on this date, September 18, 2008, by electronic and/or ordinary mail.

s/Lisa G. Wagner Case Manager and Deputy Clerk [phone]

S:\Cleland\JUDGE'S DESK\C1 ORDERS\08-10291.BAXTER.OrderConsolidateToOneCount.wpd

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