Chomos v. Woodhaven Police Department et al

Filing 166

ORDER GRANTING 165 Stipulation of Dismissal filed by Detective Brust, Lieutenant Toth, and TERMINATING AS MOOT 163 REPORT AND RECOMMENDATION re 157 MOTION for Summary Judgment and TERMINATING AS MOOT 157 MOTION for Summary Judgment . Signed by District Judge Robert H. Cleland. (LWag)

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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION MARK CHOMOS, Plaintiff, v. Case No. 15-10103 WOODHAVEN POLICE DEPARTMENT, et al., Defendants. / ORDER GRANTING STIPULATED DISMISSAL AND TERMINATING AS MOOT REPORT AND RECOMMENDATION AND SUMMARY JUDGMENT MOTION Defendants Lieutenant Toth and Detective Brust1 filed a motion for summary judgment in this civil rights action on April 13, 2017. (Dkt. # 157.) Plaintiff Mark Chomos did not file a response to the motion, and indicated in a separate filing that he did not oppose the summary judgment motion. (See Dkt. # 161.) On May 25, 2017, Magistrate Judge David R. Grand, to whom all pretrial matters have been referred pursuant to 28 U.S.C. § 1983, filed a report and recommendation that summary judgment be granted. (Dkt. # 163.) Shortly after, on May 30, the parties submitted a stipulated motion to dismiss Defendants with prejudice. (Dkt. # 165.) As a result, the report and recommendation is moot, as is the underlying summary judgment motion. Accordingly, IT IS ORDERED that the stipulated motion to dismiss Defendants Toth and Brust (Dkt. # 165) is GRANTED. As agreed in the motion, the dismissal is WITH PREJUDICE. IT IS FURTHER ORDERED that the magistrate judge’s report and recommendation (Dkt. # 163) is TERMINATED AS MOOT. 1 Full names for Defendants do not appear in the pleadings. Detective Brust was incorrectly pled as “Burst.” (Dkt. # 163, Pg. ID 3436.) IT IS FURTHER ORDERED that the underlying summary judgment motion (Dkt. # 157) is TERMINATED AS MOOT. s/Robert H. Cleland ROBERT H. CLELAND UNITED STATES DISTRICT JUDGE / Dated: June 7, 2017 I hereby certify that a copy of the foregoing document was mailed to counsel of record on this date, June 7, 2017, by electronic and/or ordinary mail. s/Lisa Wagner Case Manager and Deputy Clerk (810) 292-6522 S:\Cleland\JUDGE'S DESK\C1 ORDERS\15-10103.CHOMOS.dismiss.defendants.terminate.R&R.TLH.docx 2 /

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