Heard v. Strange et al

Filing 28

OPINION and ORDER Accepting 24 REPORT AND RECOMMENDATION Denying 16 MOTION to Dismiss, Denying 13 MOTION for Summary Judgment - Signed by District Judge Nancy G. Edmunds. (LBar) (Main Document 28 replaced on 8/31/2018) (LBar).

Case 2:17-cv-13904-NGE-PTM ECF No. 28 filed 08/31/18

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
LAMONT HEARD,
Case No. 17-13904
Plaintiff,
Honorable Nancy G. Edmunds
v.
YARNICE STRANGE and KYLE
SHANNON,
Defendants.
/
OPINION AND ORDER ACCEPTING THE MAGISTRATE JUDGE’S JUNE 21, 2018
REPORT AND RECOMMENDATION [24]; DENYING WITHOUT PREJUDICE
DEFENDANTS' MOTION FOR SUMMARY JUDGMENT [13]; CONSTRUING
PLAINTIFF'S "MOTION TO DISMISS DEFENDANTS' MOTION FOR SUMMARY
JUDGMENT" [16] AS A RESPONSE; AND DENYING WITHOUT PREJUDICE
PLAINTIFF'S REQUEST FOR DISCOVERY
Currently before the Court is the Magistrate Judge’s June 21, 2018 report and
recommendation. (Dkt. # 24). The Court is fully advised in the premises and has reviewed
the record and the pleadings. No party has filed objections. “[T]he failure to object to the
magistrate judge’s report[] releases the Court from its duty to independently review the
matter.” Hall v. Rawal, 09-10933, 2012 WL 3639070, at *1 (E.D. Mich. Aug. 24, 2012)
(citation omitted). The Court nevertheless agrees with the Magistrate Judge’s
recommendation. The Court therefore ACCEPTS and ADOPTS the Magistrate Judge’s
report and recommendation (Dkt. # 24).
The Court having granted Plaintiff leave to amend his complaint,
IT IS HEREBY ORDERED that Defendants' motion for summary judgment (Dkt. # 13)
is DENIED WITHOUT PREJUDICE as moot.

Case 2:17-cv-13904-NGE-PTM ECF No. 28 filed 08/31/18

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The Court construes Plaintiff's "Motion to Dismiss Defendants' Motion for Summary
Judgment" (Dkt. # 16) as a response opposing Defendants' motion. To the extent Plaintiff
moves to compel discovery, IT IS FURTHER ORDERED that Plaintiff's request is DENIED
WITHOUT PREJUDICE as moot, given Defendants' later response to Plaintiff's discovery
requests.
SO ORDERED.
s/Nancy G. Edmunds
Nancy G. Edmunds
United States District Judge
Dated: August 31, 2018
I hereby certify that a copy of the foregoing document was served upon counsel of record
on August 31, 2018, by electronic and/or ordinary mail.
s/Lisa Bartlett
Case Manager

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