Lee v. Genesee, County of, et al
Filing
49
ORDER Adopting Report and Recommendation for 46 Report and Recommendation; Granting Plaintiff's Motion to Voluntarily Dismiss Defendant Bexton 25 ; Denying as Moot Defendant Bexton's Motion for Judgment on Pleadings 18 . Signed by District Judge Arthur J. Tarnow. (TMcg)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
ERICKA LEE, PERSONAL
REPRESENTATIVE OF THE ESTATE OF
JOSEPH LEE, DECEASED,
Case No. 16-13116
SENIOR UNITED STATES DISTRICT
JUDGE ARTHUR J. TARNOW
Plaintiff,
v.
MAGISTRATE JUDGE STEPHANIE
DAWKINS DAVIS
COUNTY OF GENESEE, ET. AL.,
Defendant.
/
ORDER ADOPTING REPORT AND RECOMMENDATION [46]; GRANTING
PLAINTIFF’S MOTION TO VOLUNTARILY DISMISS DEFENDANT BEXTON [25];
DENYING AS MOOT DEFENDANT BEXTON’S MOTION FOR JUDGMENT ON THE
PLEADINGS [18]
On April 21, 2017, Magistrate Judge Davis issued a Report and
Recommendation [46] on Defendant Bexton’s Motion for Judgment on the
Pleadings as to Counts III and IV filed on October 11, 2016 [18] and Plaintiff’s
Motion to Voluntarily Dismiss Defendant Bexton [25] filed on November 28,
2016. The Magistrate recommended that counts III and IV against Defendant
Bexton be dismissed with prejudice per Plaintiff’s Counsel’s concession on the
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record at the hearing on March 28, 2017 and that Plaintiff’s claim for deliberate
indifference against Bexton be dismissed without prejudice. Neither party has
filed any objection to the Report and Recommendation.
The Court has reviewed the Motion for Judgment on the Pleadings as to
Counts III and IV [18], the response filed by Plaintiff [23], and Defendant’s reply
[24] as well as the Motion to Voluntarily Dismiss Defendant Bexton [25]and
Plaintiff’s response [27] as well as the Report and Recommendation [47]
dismissing Counts III and IV with prejudice and the deliberate indifference claim
against Bexton without prejudice. The Report and Recommendation [46] is hereby
ADOPTED and entered as the findings and conclusions of the Court.
Accordingly,
IT IS ORDERED that Plaintiff’s Motion to Voluntarily Dismiss Defendant
Bexton [25] is GRANTED.
IT IS FURTHER ORDERED that Counts III and IV against Defendant
Bexton are DISMISSED with prejudice and the deliberate indifference count
under the Eighth Amendment against Defendant Bexton is DISMISSED without
prejudice.
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IT IS FURTHER ORDERED that Defendant Bexon’s Motion for
Judgment on the Pleadings as to Counts III and IV [18] is DENIED as moot.
SO ORDERED.
Dated: May 26, 2017
s/Arthur J. Tarnow
Arthur J. Tarnow
Senior United States District Judge
CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing document was served upon
counsel of record and any unrepresented parties via the Court’s ECF System to
their respective email or First Class U.S Mail addresses disclosed on the Notice of
Electronic filing on May 26, 2017.
s/Teresa McGovern
Case Manager Generalist
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