Hart v. Hillsdale, County of et al

Filing 130

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 ANTHONY HART, Plaintiff, Case No. 16-cv-10253 v. HON. DENISE PAGE HOOD HILLSDALE COUNTY, et al., Defendants. _______________________________/ ORDER STAYING CASE AND ADMINISTRATIVELY CLOSING CASE Defendants in this matter filed Notices of Appeal from the Court’s Order denying motions to dismiss and/or summary judgment. (Doc. Nos. 123, 125) “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 a motion for 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, 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 16, 2018 I hereby certify that a copy of the foregoing document was served upon counsel of record on April 16, 2018, by electronic and/or ordinary mail. S/LaShawn R. Saulsberry Case Manager 2

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