Newman v. Evans

Filing 49

ORDER Adopting 48 Report and Recommendation, Denying 40 Motion for Summary Judgment filed by Stacy Newman; Granting 41 Motion for Summary Judgment filed by Warren C Evans and Plaintiff's Complaint is Dismissed with Prejudice Signed by District Judge Lawrence P Zatkoff. (LHac)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION STACY NEWMAN, Plaintiff, vs. CASE NO. 08-11883 HON. LAWRENCE P. ZATKOFF MAGISTRATE JUDGE CHARLES E. BINDER

WARREN C. EVANS, Wayne County Sheriff, JOHN DOE, Wayne County Jail Medical Staff, and JOHN DOE, Wayne County Officials, Defendants. _____________________________/ OPINION AND ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

This matter comes before the Court on Magistrate Judge Binder's Report and Recommendation [dkt 48] of February 27, 2009, in which the Magistrate Judge recommends denying Plaintiff's motion for summary judgment [dkt 40], granting Defendant Warren C. Evans's motion for summary judgment [dkt 41], and dismissing the case in its entirety with prejudice. Plaintiff has not filed an objection to the Report and Recommendation and the time period within which he may file an objection has lapsed. The Court has thoroughly reviewed the court file and the Report and Recommendation. As a result of that review, the Court ADOPTS the Report and Recommendation and enters it as the findings and conclusions of this Court. Therefore, IT IS HEREBY ORDERED that Plaintiff's motion for summary judgment is DENIED.

IT IS FURTHER ORDERED that Defendants Warren C. Evans's motion for summary judgment is GRANTED and Plaintiff's complaint is DISMISSED with prejudice. IT IS SO ORDERED.

S/Lawrence P. Zatkoff LAWRENCE P. ZATKOFF UNITED STATES DISTRICT JUDGE Dated: March 27, 2009 CERTIFICATE OF SERVICE The undersigned certifies that a copy of this Order was served upon the attorneys of record by electronic or U.S. mail on March 27, 2009.

S/Marie E. Verlinde Case Manager [phone]

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