Lattimore v. Coleman et al

Filing 39

ORDER Adopting 35 Report and Recommendation; and Dismissing Plaintiff's Complaint Signed by District Judge Gerald E. Rosen. (SJa)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION CONTRELL LATIMORE, Plaintiff, vs. No. 10-CV-14171-DT Hon. Gerald E. Rosen WAYNE COUNTY, et al., Defendants. ______________________________/ ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION AND DISMISSING PLAINTIFF’S COMPLAINT At a session of said Court, held in the U.S. Courthouse, Detroit, Michigan on September 12, 2012 PRESENT: Honorable Gerald E. Rosen United States District Chief Judge This Section 1983 prisoner civil rights matter having come before the Court on the July 13, 2012 Report and Recommendation of United States Magistrate Paul J. Komives recommending that the Court grant the two motions for summary judgment filed by the Detroit Police Officer Defendants and the Wayne County Defendants; and Plaintiff having timely filed objections to the Magistrate Judge’s Report and Recommendation; and the Court having reviewed the Magistrate Judge’s Report and Recommendation, Plaintiff’s Objections, and the Court’s entire file of this action, and having concluded that, for the reasons stated in the Report and Recommendation, Defendants’ motions should be granted and this case should, accordingly be dismissed in its entirety; and the Court being otherwise fully advised in the premises, NOW, THEREFORE, IT IS HEREBY ORDERED that the Magistrate Judge’s Report and Recommendation of July 13, 2012 [Dkt. # 35] be, and hereby is, adopted by this Court. IT IS FURTHER ORDERED that the Detroit Police Officer Defendants’ Motion for Summary Judgment [Dkt. # 20] be, and hereby is, GRANTED. IT IS FURTHER ORDERED that the Wayne County Defendants’ Motion for Summary Judgment [Dkt. # 23] is GRANTED. Accordingly, Plaintiff’s Complaint is DISMISSED in its entirety with prejudice. IT IS FURTHER ORDERED that, based on the reasons set forth in the Magistrate Judge’s Report and Recommendation, this Court certifies that any appeal by Plaintiff would be frivolous and not in good faith. 28 U.S.C. § 1915(a). s/Gerald E. Rosen Chief Judge, United States District Court Dated: September 12, 2012 I hereby certify that a copy of the foregoing document was served upon counsel of record on September 12, 2012, by electronic and/or ordinary mail. s/Shawntel Jackson for Ruth A. Gunther Case Manager

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