Bey v. Falk

Filing 68

ORDER STAYING CASE and Administratively Closing Case. Signed by District Judge Denise Page Hood. (LSau)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION CHRISTOPHER LEE- MURRAY BEY, Plaintiff, Case No. 14-cv-13743 v. HON. DENISE PAGE HOOD ADAM FALK, et al., Defendants. _______________________________/ ORDER STAYING CASE AND ADMINISTRATIVELY CLOSING CASE Defendants in this matter have filed Notices of Appeal from the Court’s various Orders denying motions for summary judgment and reconsideration.1 (Doc. Nos. 63, 66) “A denial of summary judgment is generally not a final judgment.” Haynes v. City of Circleville, Ohio, 474 F.3d 357, 361 (6th Cir. 2007)(quoting Hoover v. Radabaugh, 307 F.3d 460, 465 (6th Cir. 2002)). A denial of summary judgment on the ground of qualified immunity may be appealed as a collateral order where (1) the defendant is a public official asserting the defense of qualified immunity and (2) the issue appealed concerns not which facts the parties might be able to prove, but whether certain alleged facts reflect a violation of clearly established law. Haynes, 1 Plaintiff also filed a Notice of Appeal to the United States Supreme Court. (Doc. No. 153) 474 F.3d at 361. The Court will stay the matter until the resolution of the appeals. See Mithcell v. Forsyth, 472 U.S. 511 (1985). Accordingly, IT IS ORDERED that this action is STAYED and ADMINISTRATIVELY CLOSED. The action may be reopened after a party provides the Court with notice that a mandate has been issued from the Sixth Circuit Court of Appeals. S/Denise Page Hood Denise Page Hood Chief Judge, United States District Court Dated: April 4, 2018 I hereby certify that a copy of the foregoing document was served upon counsel of record on April 4, 2018, by electronic and/or ordinary mail. S/LaShawn R. Saulsberry Case Manager 2

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