Helmer v. Guest et al

Filing 110

ORDER REJECTING AS MOOT re 81 Objection filed by William Helmer. Signed by District Judge Patrick J Duggan. (MOre)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION WILLIAM HELMER, Plaintiff, Case No. 09-cv-11697 v. Honorable Patrick J. Duggan BRIAN GUEST, KATHLEEN SOLOMON, COUNTY OF OSCODA, KEVIN GRACE, DAVE STENZEL, ED POKRZYWNICKI, and RONALD NIGHTINGALE, Defendants. / ORDER At a session of said Court, held in the U.S. District Courthouse, Eastern District of Michigan, on_November 17, 2010. PRESENT: THE HONORABLE PATRICK J. DUGGAN U.S. DISTRICT COURT JUDGE

On September 7, 2010, Magistrate Judge Mona Majzoub issued an Opinion and Order [Dkt. #77] granting in part Plaintiff's Motion for Leave to Amend Complaint. In that Order, Magistrate Judge Majzoub granted Plaintiff leave to amend his Complaint with respect to his claims against several Defendants in their individual capacities, including Michigan State Police Detective Ronald Nightingale. On September 16, 2010, Plaintiff filed a document entitled "Objection and Appeal of Magistrate's Order and Opinion," agreeing with the Order, but seeking clarification as to whether he could maintain a claim for damages against Detective Nightingale in his individual capacity. The Court received

no response to this "Objection." Magistrate Judge Majzoub's Order noted that a claim for damages against Detective Nightingale in his official capacity would be futile because he is a state official. See Thiokol Corp. v. Dep't of Treasury, Revenue Div., 987 F.2d 376, 381 (6th Cir. 1993). The Order, however, specifically permitted Plaintiff to assert individual capacity claims against Detective Nightingale, and Plaintiff's Amended Complaint asserts such claims, including a claim for damages. The Court therefore concludes that Plaintiff's objection is moot. Accordingly, IT IS ORDERED that Plaintiff's Objection and Appeal of Magistrate's Order and Opinion is REJECTED AS MOOT. s/PATRICK J. DUGGAN UNITED STATES DISTRICT JUDGE Copies to: Adam Purnell William Helmer, #140677 Bellamy Creek Correctional Facility 1727 West Bluewater Highway Ionia, MI 48846

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