Cosgrove v. Miller et al

Filing 40

ORDER Adopting 36 Report and Recommendation and Granting in Part and Denying in Part 26 Motion for Summary Judgment. Signed by District Judge Victoria A. Roberts. (LVer)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTICT OF MICHIGAN
SOUTHERN DIVISION
CARY COSGROVE,
Plaintiff,

Case No. 16-10164
Honorable Victoria A. Roberts

v.
GARY MILLER, et al.,
Defendants.
______________________________/
ORDER ADOPTING REPORT AND RECOMMENDATION [Doc. 36]
AND GRANTING IN PART AND DENYING IN PART DEFENDANT’S
MOTION FOR SUMMARY JUDGMENT [DOC. 26]
On December 19, 2016, Magistrate Judge Elizabeth A. Stafford issued a Report
and Recommendation [Doc. 36] recommending that Defendants’ Motion for Summary
Judgment [Doc. 26] be GRANTED IN PART and DENIED IN PART. Neither party filed
objections within the fourteen day period pursuant to Fed. R. Civ. P. 72(b) and 28
U.S.C. § 636(b)(1). Accordingly, the Court ADOPTS the Report and Recommendation.
Defendants’ motion for summary judgment [Doc. 26] is GRANTED IN PART and
DENIED IN PART. Plaintiff’s excessive force claim against Anthony Collier survives
summary judgment; all of his other claims are DISMISSED WITHOUT PREJUDICE.
IT IS ORDERED.
S/Victoria A. Roberts
Victoria A. Roberts
United States District Judge
Dated: January 18, 2017

The undersigned certifies that a copy of this
document was served on the attorneys of
record and Cary Cosgrove by electronic
means or U.S. Mail on January 18, 2017.
s/Linda Vertriest
Deputy Clerk