The Estate of Claude Stevens et al v. Stewart et al

Filing 170

OPINION and ORDER Granting Defendant Larry Marshall's 148 Motion for Summary Judgment, Dismissing With Prejudice Plaintiff's Claims Against This Defendant and Dismissing Him as a Party to This Action. Signed by District Judge Linda V. Parker. (RLou)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
SHERRY L. VANNORTWICK, as
the Personal Representative of the
Estate of CLAUDE STEVENS,
Plaintiff,

Case No. 17-12507
Honorable Linda V. Parker

v.
ANTHONY H. STEWART, et al.,
Defendants.
___________________________________/
OPINION AND ORDER GRANTING DEFENDANT LARRY MARSHALL’S MOTION
FOR SUMMARY JUDGMENT, DISMISSING WITH PREJUDICE PLAINTIFF’S
CLAIMS AGAINST THIS DEFENDANT AND DISMISSING HIM AS A PARTY TO
THIS ACTION
This action arises from Claude Stevens’ death while an inmate with the Michigan
Department of Corrections. On April 5, 2019, Defendant Larry Marshall filed a motion for
summary judgment pursuant to Federal Rules of Civil Procedure 56 in which he asks the Court
to “enter an order dismissing Plaintiff’s claims against [him], with prejudice.” (ECF No. 148.)
On May 23, 2019, Plaintiff filed a “response” to the motion, stating that “[b]ased upon the
documentary evidence and sworn testimony in this case to date, [she] concurs with the relief
sought by Defendant Larry Marshall.” (ECF No. 169.)
In light of Plaintiff’s response, the Court is GRANTING Defendant Marshall’s summary
judgment motion, dismissing Plaintiff’s claims against him with prejudice, and dismissing him

as a party to this action.
IT IS SO ORDERED.

s/ Linda V. Parker
LINDA V. PARKER
U.S. DISTRICT JUDGE
Dated: May 24, 2019
I hereby certify that a copy of the foregoing document was mailed to counsel of record
and/or pro se parties on this date, May 24, 2019, by electronic and/or U.S. First Class
mail.
s/ R. Loury
Case Manager

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