Jones v. Deangelo et al

Filing 41

ORDER ADOPTING REPORT AND RECOMMENDATION (ECF No. 39 ), AND GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (ECF No. 20 ). Signed by District Judge Susan K. DeClercq. (KBro)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
MARTELL JONES,
Plaintiff,
v.
NELSON et al.,
Defendants.
___________________________________/

Case No. 2:23-cv-12509
Honorable Susan K. DeClercq
United States District Judge
Honorable Curtis Ivy, Jr.
United States Magistrate Judge

ORDER ADOPTING REPORT AND RECOMMENDATION (ECF No. 39),
AND GRANTING IN PART AND DENYING IN PART DEFENDANTS’
MOTION FOR SUMMARY JUDGMENT (ECF No. 20)
On January 2, 2025, Magistrate Judge Curtis Ivy, Jr., issued a report, ECF No.
39, recommending that this Court grant in part and deny in part the Motion for
Summary, ECF No. 20, filed by Defendants Nelson, Doyle, and Heinonen. 1 Judge
Ivy provided 14 days to object, but the parties did not do so. They have therefore
forfeited their right to appeal Judge Ivy’s findings. See Berkshire v. Dahl, 928 F.3d
520, 530–31 (6th Cir. 2019) (citing Thomas v. Arn, 474 U.S. 140, 149 (1985)).
Moreover, there is no prejudicial clear error in the report.
Accordingly, it is ORDERED that the Report and Recommendation, ECF No.
39, is ADOPTED.
The Complaint names this Defendant “Heindnen,” but Defendant spells his name
“Heinonen.”

1

Further, it is ORDERED that Defendants’ Motion for Summary Judgment,
ECF No. 20, is GRANTED IN PART AND DENIED IN PART, as follows:
1. The Motion is GRANTED as to Defendant Nelson. Plaintiff’s
Complaint, ECF No. 1, is DISMISSED WITHOUT PREJUDICE
as to Defendant Nelson.
2. The Motion is GRANTED IN PART and DENIED IN PART as
to Defendant Doyle. The only claim against Doyle that survives is
the one related to withholding water. Plaintiff’s Complaint, ECF No.
1, is DISMISSED WITHOUT PREJUDICE as to all other claims
against Doyle.
3. The Motion is DENIED as to Defendant Heinonen.
This is not a final order and does not close the above-captioned case.
/s/Susan K. DeClercq
SUSAN K. DeCLERCQ
United States District Judge

Dated: January 28, 2025

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