Cain v. Caruso et al

Filing 34

ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION 31 AND GRANTING 9 Motion to Dismiss filed by Margaret Tursak. Signed by District Judge Gerald E Rosen. (RBri)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION RANDALL S. CAIN, Plaintiff, vs. PATRICIA CARUSO, et al., Defendants. ___________________________/ ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND GRANTING DEFENDANT TURSAK'S MOTION TO DISMISS OR FOR SUMMARY JUDGMENT At a session of said Court, held in the U.S. Courthouse, Detroit, Michigan on August 11, 1009 PRESENT: Honorable Gerald E. Rosen Chief Judge, United States District Court This matter having come before the Court on the July 23, 2009 Report and Recommendation of United States Magistrate Virginia M. Morgan recommending that the Court grant Defendant Margaret Tursak's Motion for Summary Judgment and dismiss Defendant Tursak from this action; and Plaintiff having timely filed objections to the Report and Recommendation; and the Court having reviewed the R&R, Plaintiff's Objections and the Court's entire file of this matter, and having determined that, as recommended by the Magistrate Judge, Defendant Tursak's motion should be granted, NOW, THEREFORE, IT IS HEREBY ORDERED that the Magistrate Judge's July 23, 2009 Report and No. 08-CV-14699-DT Hon. Gerald E. Rosen

Recommendation [Dkt. # 31] is hereby adopted by the Court. IT IS FURTHER ORDERED that Defendant Tursak's Motion for Summary Judgment [Dkt. # 9] is GRANTED. Accordingly, IT IS FURTHER ORDERED that Plaintiff's claims against Defendant Tursak are hereby, DISMISSED, with prejudice. SO ORDERED.

s/Gerald E. Rosen Chief Judge, United States District Court Dated: August 11, 2009 I hereby certify that a copy of the foregoing document was served upon counsel of record on August 11, 2009, by electronic and/or ordinary mail. s/Ruth Brissaud Case Manager