Nalls v. Napolean

Filing 69

ORDER adopting 46 Report and Recommendation; finding as moot 50 Report and Recommendation and finding as moot 16 Report and Recommendation. Signed by District Judge Arthur J. Tarnow. (MLan)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
Case No. 11-12670

KENYATTA NALLS,

SENIOR U.S. DISTRICT JUDGE
ARTHUR J. TARNOW

Plaintiff,
v.

U.S. MAGISTRATE JUDGE
ELIZABETH A. STAFFORD

BENNY N. NAPOLEAN, ET AL.,
Defendants.
______________________________/

ORDER ADOPTING AMENDED REPORT AND RECOMMENDATION
[50], DISMISSING PLAINTIFF’S CLAIMS FOR MONETARY DAMAGES
AGAINST DEFENDANTS IN THEIR OFFICIAL CAPACITIES, AND
MOOTING PREVIOUS R&RS [46], [16] AND OBJECTION [21]
On January 21, 2015, the Magistrate Judge issued an Amended Report and
Recommendation (“R&R”) [50] recommending that the Court dismiss sua sponte
Plaintiff’s claims in his Amended Complaint [42] for monetary damages against
Defendants in their official capacities. The time to file objections has passed and no
objection to the Amended R&R [50] was filed.
The Amended R&R [50] replaces the first R&R [46], which the Magistrate
Judge entered on the same day. The previous R&R [16] and Defendants’ Objection
thereto [21] pertained to Plaintiff’s Original Complaint [1]. Consequently, the R&Rs
[46], [16] and Objection [21] are moot.

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The Court has reviewed the record in this case. The Amended R&R [50] of the
Magistrate Judge is hereby ADOPTED and is entered as the findings and conclusions
of the Court. Accordingly,
IT IS ORDERED that Plaintiff’s claims in his Amended Complaint [42] for
monetary damages against Defendants in their official capacities are DISMISSED.
IT IS FURTHER ORDERED that the R&Rs [16], [46] and Objection [21] are
MOOT.
SO ORDERED.

s/Arthur J. Tarnow
Arthur J. Tarnow
Senior United States District Judge

Dated: April 27, 2015

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