Watson v. City of Burton, a Michigan municipal corporation et al

Filing 39

ORDER DENYING DEFENDANTS' 29 Objection, filed by City of Burton, a Michigan municipal corporation, Detective Eric Freeman, Burton Police Department, Dennis Gross, Detective/Sgt. Shawn Duncanson, Detective David Powell, Burton Police Department - Signed by Magistrate Judge R. Steven Whalen. (CCie)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION MICHAEL CLIFTON WATSON, Plaintiff, No. 17-11833 v. District Judge Arthur J. Tarnow Magistrate Judge R. Steven Whalen CITY OF BURTON, ET AL., Defendants. / ORDER DENYING OBJECTION TO/ MOTION TO STRIKE On August 24, 2017, Plaintiff filed a Revised Amended Complaint [Doc. #24]. Before the Court is Defendants’ Objection to Plaintiff’s Revised Amended Complaint [Doc. #29], which the Court construes as a motion to strike the revised amended complaint. On August 16, 2017, I granted in part and denied in part Plaintiff’s motion to amend his complaint. Specifically, I permitted amendment as follows: “Accordingly, Plaintiff’s Motion for Leave to File Amended Complaint [Doc. #13] is GRANTED IN PART, to the extent that the Amended Complaint will be construed to raise the following claims: (1) violation of the Fourth Amendment based on Plaintiff’s arrest; (2) violation of the Equal Protection Clause of the Fourth Amendment; (3) Michigan common law claim of false arrest; and (4) Michigan common law claim of false imprisonment.” Opinion and Order [Doc. #23]. Plaintiff’s Revised Amended Complaint [Doc. #24] raises the four claims I permitted in my previous order and deletes the claims on which I denied leave to amend. It does not add any new Defendants or any new claims. Because it is completely consistent with my August 16, 2017 order, -1- Defendants’ Objection/Motion [Doc. #29] is DENIED. IT IS SO ORDERED. s/ R. Steven Whalen R. STEVEN WHALEN UNITED STATES MAGISTRATE JUDGE Dated: October 6, 2017 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document was sent to parties of record on October 6, 2017, electronically and/or by U.S. mail. s/Carolyn M. Ciesla Case Manager to the Honorable R. Steven Whalen -2-

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