Hinds v. Harnphanich et al

Filing 57

ORDER granting in part and denying in part 38 Motion to Dismiss or for Summary Judgment; denying 42 Motion for relief from judgment; adopting 55 Report and Recommendation. Signed by District Judge George Caram Steeh. (MLan)

Case 2:20-cv-12032-GCS-EAS ECF No. 57, PageID.332 Filed 02/21/23 Page 1 of 2

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
MICHAEL HINDS,
Plaintiff,

Case No. 20-CV-12032
HON. GEORGE CARAM STEEH

vs.
CHRISTOPHER BUSH,
Defendant.
_____________________________/

ORDER ADOPTING REPORT AND RECOMMENDATION
(ECF No. 55) GRANTING IN PART AND DENYING IN PART
DEFENDANT’S MOTION TO DISMISS OR MOTION FOR SUMMARY
JUDGMENT (ECF No. 38), DENYING PLAINTIFF’S MOTION FOR
RELIEF FROM JUDGMENT (ECF No. 42), AND SUA SPONTE
DISMISSING IN PART PLAINTIFF’S AMENDED COMPLAINT
This matter is before the Court on the Report and Recommendation
(“R&R”) (ECF No. 55) filed by the Magistrate Judge recommending that
defendant Christopher Bush’s motion to dismiss or for summary judgment
(ECF No. 38) be granted in part and denied in part and plaintiff Michael
Hinds’ motion for relief from the order partially dismissing his case (ECF
No. 42) be denied. The R&R also recommends that parts of Hinds’
amended complaint be dismissed sua sponte. Neither party filed timely
objections to the R&R.
This Court agrees with and adopts the thorough analysis conducted,
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Case 2:20-cv-12032-GCS-EAS ECF No. 57, PageID.333 Filed 02/21/23 Page 2 of 2

and recommendation made, by the magistrate judge. Now, therefore, for
the reasons stated by the magistrate judge, the recommendations are
adopted as an order of the Court.
IT IS HEREBY ORDERED that the Report and Recommendation
(ECF No. 55) is adopted by the Court.
IT IS HEREBY FURTHER ORDERED that defendant’s motion to
dismiss or for summary judgment (ECF No. 38) is GRANTED IN PART
AND DENIED IN PART.
IT IS HEREBY FURTHER ORDERED that plaintiff’s motion for relief
from judgment (ECF No. 42) is DENIED.
IT IS HEREBY FURTHER ORDERED that all claims and defendants
except the due process claim against Bush be DISMISSED from plaintiff’s
amended complaint sua sponte.
Dated: February 21, 2023
s/George Caram Steeh
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record
on February 21, 2023, by electronic and/or ordinary mail.
s/Michael Lang
Deputy Clerk

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