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)

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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, (313) 234-5135 2

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