Annabel v. Frost et al

Filing 45

ORDER adopting 38 Report and Recommendation; finding as moot 15 Motion for Summary Judgment; granting 28 Motion for Summary Judgment. Signed by District Judge Arthur J. Tarnow. (MLan)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
ROBERT ANNABEL,
Plaintiff,

Case No. 14-10244
SENIOR U.S. DISTRICT JUDGE
ARTHUR J. TARNOW

v.
JACK FROST, ET AL.,

MAGISTRATE JUDGE
R. STEVEN WHALEN

Defendants.
______________________________/
ORDER ADOPTING REPORT AND RECOMMENDATION [38],
DENYING AS MOOT DEFENDANTS’ FIRST MOTION FOR SUMMARY
JUDGMENT [15], AND GRANTING DEFENDANTS’ SECOND MOTION
FOR SUMMARY JUDGMENT [28]
On February 17, 2015, the Magistrate Judge issued a Report and
Recommendation (“R&R”) [38] recommending that Defendants’ first Motion for
Summary Judgment [15] be denied as moot because Plaintiff obtained leave of court
to file an Amended Complaint [18] after Defendants’ filed the Motion [15]. The R&R
[38] also recommended that Defendants’ second Motion for Summary Judgment [28]
be granted. No objection to the R&R [38] was filed.
The Court has reviewed the record in this case. The R&R [38] of the Magistrate
Judge is hereby ADOPTED and is entered as the findings and conclusions of the
Court. Accordingly,
Accordingly,

IT IS ORDERED that Defendants’ first Motion for Summary Judgment [15]
is DENIED AS MOOT.
IT IS FURTHER ORDERED that Defendants’ second Motion for Summary
Judgment [28] is GRANTED.
THIS CASE IS CLOSED.
SO ORDERED.

Dated: March 30, 2015

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

2/2