Lee v. Genesee, County of, et al
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
ERICKA LEE, PERSONAL
REPRESENTATIVE OF THE ESTATE OF
JOSEPH LEE, DECEASED,
Case No. 16-13116
SENIOR UNITED STATES DISTRICT
JUDGE ARTHUR J. TARNOW
MAGISTRATE JUDGE STEPHANIE
COUNTY OF GENESEE, ET. AL.,
ORDER ADOPTING REPORT AND RECOMMENDATION ; GRANTING
PLAINTIFF’S MOTION TO VOLUNTARILY DISMISS DEFENDANT BEXTON ;
DENYING AS MOOT DEFENDANT BEXTON’S MOTION FOR JUDGMENT ON THE
On April 21, 2017, Magistrate Judge Davis issued a Report and
Recommendation  on Defendant Bexton’s Motion for Judgment on the
Pleadings as to Counts III and IV filed on October 11, 2016  and Plaintiff’s
Motion to Voluntarily Dismiss Defendant Bexton  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 , the response filed by Plaintiff , and Defendant’s reply
 as well as the Motion to Voluntarily Dismiss Defendant Bexton and
Plaintiff’s response  as well as the Report and Recommendation 
dismissing Counts III and IV with prejudice and the deliberate indifference claim
against Bexton without prejudice. The Report and Recommendation  is hereby
ADOPTED and entered as the findings and conclusions of the Court.
IT IS ORDERED that Plaintiff’s Motion to Voluntarily Dismiss Defendant
Bexton  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
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IT IS FURTHER ORDERED that Defendant Bexon’s Motion for
Judgment on the Pleadings as to Counts III and IV  is DENIED as moot.
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.
Case Manager Generalist
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