Powell v. Ewing et al

Filing 36

ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION (#33), DENYING DEFENDANT ALBRECHTS MOTION FOR SUMMARY JUDGMENT (#25),DENYING DEFENDANT WESTLANDS MOTION FOR SUMMARY JUDGMENT (#26) Signed by District Judge Gershwin A. Drain. (Bankston, T)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
GREGORY POWELL,
Plaintiff,
Case No. 12-11861
HON. GERSHWIN A. DRAIN
vs.

PARIS, EWING, FRUIT, SLEEP, FARRAR,
SKEANS, DARGA, BRASSFIELD, ALBRECHT,
UNKNOWN K-9 POLICE OFFICER (DOG),
PLYMOUTH TOWNSHIP, and
WESTLAND TOWNSHIP,
Defendants.
__________________________________/
ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION (#33),
DENYING DEFENDANT ALBRECHT’S MOTION FOR SUMMARY JUDGMENT (#25),
DENYING DEFENDANT WESTLAND’S MOTION FOR SUMMARY JUDGMENT (#26)
I.

INTRODUCTION
This matter is before the court on Defendant Albrecht’s Motion for Summary Judgment

and Defendant Westland’s Motion for Summary Judgment.

The matter was referred to

Magistrate Judge Laurie J. Michelson, who issued a Report and Recommendation on June 18,
2013, recommending that the Court deny Defendant Albrecht’s Motion for Summary Judgment,
deny Defendant Westland’s Motion for Summary Judgment, and sua sponte dismiss Defendants
Ewing, Fruit, Sleep, Farrar, Skeans, Darga, Radar (Dog), Plymouth Township and Westland
Township from the suit. Service was re-sent on June 28, 2013 after the original mailing to Mr.

1

Powell was returned as undelivered. Neither party has filed objections to the Magistrate Judge’s
Report and Recommendation, and the time for filing objections has expired. See 28 U.S.C. §
636(b)(1)(C).
Upon review of the parties’ briefing and the Magistrate Judge’s Report and
Recommendation, the Court concludes that the Magistrate Judge reached the correct conclusion.
Therefore, the Court hereby ACCEPTS and ADOPTS Magistrate Judge Michelson’s June 18,
2013 Report and Recommendation [#33] as this Court’s findings of fact and conclusions of law.
Defendant Albrecht’s Motion for Summary Judgment [#25] and Defendant Westland’s Motion
for Summary Judgment [#26] is DENIED. Defendants Ewing, Fruit, Sleep, Farrar, Skeans,
Darga, Radar (Dog), Plymouth Township and Westland Township are dismissed from the action
sua sponte pursuant to 28 U.S.C. § 1915(e)(2).

SO ORDERED.
Dated: July 31, 2013
S/Gershwin A. Drain
GERSHWIN A. DRAIN
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
July 31, 2013, by electronic and/or ordinary mail.
S/Tanya Bankston
Deputy Clerk

2