Lyons et al v. Oakland County Prosecutor's Office et al

Filing 26

ORDER granting 18 Motion to Quash; denying as moot 20 Motion to Substitute Party; finding as moot 21 Motion for Relief from Judgment; adopting 25 Report and Recommendation. Signed by District Judge Arthur J. Tarnow. (MLan)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
DAVID MAURICE LYONS-BEY, ET AL.,
Case No. 16-12561
Plaintiffs,
SENIOR U.S. DISTRICT JUDGE
ARTHUR J. TARNOW

v.
OAKLAND COUNTY PROSECUTOR’S
OFFICE, ET AL.,

U.S. MAGISTRATE JUDGE
MONA K. MAJZOUB

Defendants.
/
ORDER ADOPTING REPORT AND RECOMMENDATION [25]; GRANTING MOTION TO
QUASH [18]; DENYING AS MOOT MOTION TO SUBSTITUTE [20]; DENYING AS
MOOT MOTION FOR RELIEF FROM JUDGMENT [21]
Plaintiffs filed this pro se civil rights action pursuant to 42 U.S.C. § 1983,
alleging violations of their Fourth and Fourteenth Amendment rights. The Court
referred all pretrial matters to the Magistrate Judge on March 21, 2017.
On October 17, 2017, the Magistrate Judge issued a Report and
Recommendation [25] advising the Court to dismiss the claims of Plaintiffs LyonsBey and Willis pursuant to 29 U.S.C. § 1915A; grant the Motion to Quash [18]
filed by non-parties Greg Morabito and Utica Police Department; deny as moot
Plaintiff Lyons-Bey’s Motion to Substitute [20]; and deny as moot Plaintiff LyonsBey’s Motion for Relief from Judgment [21]. Neither party filed objections to the
R&R. Fed. R. Civ. P. 72(b)(2).

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The Court having reviewed the record, the Report and Recommendation [25]
is hereby ADOPTED and entered as the findings and conclusions of the Court.
Accordingly,
IT IS ORDERED that the claims of Plaintiffs Lyons-Bey and Willis are
DISMISSED pursuant to 28 U.S.C. § 1915A.
IT IS FURTHER ORDERED that the Motion to Quash [18] filed by nonparties Greg Morabito and Utica Police Department is GRANTED.
IT IS FURTHER ORDERED that Plaintiff Lyons-Bey’s Motion to
Substitute [20] is DENIED AS MOOT.
IT IS FURTHER ORDERED that Plaintiff Lyons-Bey’s Motion for Relief
from Judgment [21] is DENIED AS MOOT.
SO ORDERED.

Dated: November 6, 2017

s/Arthur J. Tarnow
Arthur J. Tarnow
Senior United States District Judge

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