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)

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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 2

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