Khan v. John Doe Police Officers et al

Filing 14

ORDER Adopting Magistrate Judge's 13 Report and Recommendation Signed by District Judge Gerald E. Rosen. (JOwe)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
KHALID KHAN,
Plaintiff,

Case No. 16-12285
Hon. Gerald E. Rosen
Magistrate Judge David R. Grand

v.
CITY OF DETROIT and
JOHN DOE POLICE OFFICERS,
Defendants.
_______________________________/

ORDER ADOPTING
MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
At a session of said Court, held in
the U.S. Courthouse, Detroit, Michigan
on
January 6, 2017
PRESENT:

Honorable Gerald E. Rosen
United States District Judge

In a report and recommendation (“R & R”) issued on October 31, 2016,
Magistrate Judge David R. Grand recommends that the Court grant the renewed
motion to dismiss brought by the Defendant City of Detroit. As explained in the R
& R, the Defendant City’s motion challenges only the federal claim of a civil
rights conspiracy asserted in Count IV of Plaintiff’s first amended complaint, and
does not seek the dismissal of the remaining three counts of the first amended
complaint.

No objections have been filed to the Magistrate Judge’s R & R, and the
deadline for doing so has passed. Having reviewed the R & R, the parties’
submissions in support of and in opposition to Defendant’s underlying motion to
dismiss, and the remainder of the record, the Court concurs in the Magistrate
Judge’s analysis and adopts the R & R as the opinion of this Court. Accordingly,
NOW, THEREFORE, IT IS HEREBY ORDERED that the Magistrate
Judge’s October 31, 2016 Report and Recommendation (docket #13) is
ADOPTED in its entirety as the opinion of this Court. IT IS FURTHER
ORDERED, for the reasons stated in the R & R, that Defendant’s September 12,
2016 renewed motion to dismiss (docket #5) is GRANTED, and that Count IV of
Plaintiff’s first amended complaint is DISMISSED for failure to state a claim upon
which relief can be granted.

s/Gerald E. Rosen
United States District Judge
Dated: January 6, 2017
I hereby certify that a copy of the foregoing document was served upon the parties
and/or counsel of record on January 6, 2017, by electronic and/or ordinary mail.
s/Julie Owens
Case Manager, [phone]

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