Siner v. Goings et al

Filing 39

ORDER accepting 37 Report and Recommendation and granting 20 defendants' Motion for Summary Judgment. Signed by District Judge George Caram Steeh. (MBea)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

CHAUN SINER
Plaintiff,
CASE NO. 14-CV-12578
HONORABLE GEORGE CARAM STEEH

v.
SCOTT GOINGS, STEVEN SCARPINO,
and JACKSON CITY POLICE
DEPARTMENT,
Defendants.
/

ORDER ACCEPTING MAGISTRATE JUDGE’S REPORT
AND RECOMMENDATION (DOC. 37), AND GRANTING
DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT (DOC. 20)
Pro se plaintiff, currently serving a prison sentence after pleading guilty to narcotics
distribution charges, brought this 42 U.S.C. § 1983 action alleging excessive force and
other constitutional violations of his rights under the Fourth, Sixth, and Fourteenth
Amendments, arising out of his arrest and prosecution for the drug charges. An order of
reference was entered referring all pretrial matters to the magistrate judge. All defendants,
Jackson police officers Scott Goings and Steven Scarpino, and the Jackson City Police
Department, filed a motion for summary judgment. On March 27, 2015, Magistrate Judge
David Grand issued his report and recommendation, recommending that defendants’
motion be granted. The magistrate judge specifically stated that any objections to his
report were to be filed within 14 days of service, and that failure to file such objections
constituted a waiver of any further right to appeal. See Thomas v. Arn, 474 U.S. 140, 155
(1985). No such objections have been filed and the time period for doing so has expired.
-1-

The court has reviewed the record and briefing in this matter, as well as the
magistrate judge’s report and recommendation, and adopts the result recommended
therein. Accordingly, defendants’ motion for summary judgment (Doc. 20) is GRANTED.
IT IS SO ORDERED.
Dated: April 23, 2015
s/George Caram Steeh
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
April 23, 2015, by electronic and/or ordinary mail and also on
Chaun Siner #861914, Carson City Correctional Facility,
10274 Boyer Road, Carson City, MI 48811.
s/Barbara Radke
Deputy Clerk

-2-