Mills et al v. Lapeer, County of et al

Filing 58

ORDER Adopting for 57 Report and Recommendation, DENYING AS MOOT 45 Motion for Partial Summary Judgment, filed by Dana Miller, Lapeer, County of Signed by District Judge Paul D. Borman. (DGoo)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

MARK and ELLEN MILLS,
Plaintiffs,

Case No. 09-cv-14026
Paul D. Borman
United States District Court Judge

v.

LAPEER COUNTY and
DANA MILLER,
Defendants.
________________________/
ORDER ADOPTING THE MAGISTRATE JUDGE’S MARCH 16, 2011 REPORT AND
RECOMMENDATION TO DENY DEFENDANTS’ SECOND MOTION FOR PARTIAL
SUMMARY JUDGMENT AS MOOT (DKT. NO. 57)
Before the Court is Magistrate Judge Mark Randon’s March 16, 2011Report and
Recommendation to Deny Defendants’ Second Motion for Partial Summary Judgment as Moot (Dkt.
No. 57).
Having reviewed the Magistrate Judge’s Report and Recommendation, and there being no
timely objections from either party under 28 U.S.C. § 636(b)(1) and E.D. Mich L. R. 72.1(d), the
Court ADOPTS the Magistrate Judge’s Report and Recommendation (Dkt. No. 57), DENIES
Defendants’ Second Motion for Summary Judgment as MOOT (Dkt. No. 45), DISMISSES Counts
III, VII and VIII of Plaintiffs’ First Amended Complaint (Dkt. No. 19-2) and DISMISSES this action

1

with prejudice.1
IT IS SO ORDERED.

S/Paul D. Borman
PAUL D. BORMAN
UNITED STATES DISTRICT JUDGE
Dated: April 21, 2011
CERTIFICATE OF SERVICE
Copies of this Order were served on the attorneys of record by electronic means or U.S. Mail on
April 21, 2011.

S/Denise Goodine
Case Manager

1

Simultaneous with the filing of his Report and Recommendation, on March 16, 2011, Magistrate
Judge Randon issued an Opinion and Order (Dkt. No. 56) denying Plaintiffs’ second motion to
amend/correct their Complaint (Dkt. No. 34). The Magistrate Judge ruled that any amendment to
Counts III, VII and VII (the only Counts remaining after this Court’s February 17, 2011 Opinion
and Order dismissing Counts I, II, IV, V and VI) would be futile as these claims failed as a matter
of law. (Dkt. No. 56). Neither party filed objections to the Magistrate Judge’s Opinion and Order.
2