Barhite v. Sumner et al

Filing 27

ORDER DENYING 22 Motion to delay Summary Judgment Opinion/Order by Melvin Barhite. Signed by Magistrate Judge R. Steven Whalen. (MWil)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION MELVIN BARHITE, Plaintiff, No. 12-13722 v. District Judge Gershwin A. Drain Magistrate Judge R. Steven Whalen DAVE SUMNER, ET AL., Defendants. / ORDER Before the Court is Plaintiff’s Motion to Delay Summary Judgment Opinion/Order [Doc. #22]. Plaintiff filed a response to Defendants’ motion for summary judgment. On August 21, 2013, I filed a Report and Recommendation recommending that the motion be granted on the basis of qualified immunity. In so recommending, I assumed Plaintiff’s allegations to be true. There is no basis to grant this motion to delay. Accordingly, Plaintiff’s Motion to Delay Summary Judgment Opinion/Order [Doc. #22] is DENIED. IT IS SO ORDERED. s/ R. Steven Whalen R. STEVEN WHALEN UNITED STATES MAGISTRATE JUDGE Date: August 22, 2013 I hereby certify that a copy of the foregoing document was sent to parties of record on August 22, 2013, electronically and/or by U.S. Mail. s/Michael Williams Case Manager to the Honorable R. Steven Whalen -1-

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