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)

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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

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