Baker #182416 v. Missaukee, County of et al

Filing 68

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 64 with the exceptions noted in the court's opinion; denying the Motion to Dismiss by Defendant Ureta, 22 ; granting the Motion to Dismiss by Defendant Lake City 36 ; denying the Motion to Dismiss by the Missaukee County Defendants 41 ; all claims involving Plaintiff's criminal case, including challenges to the effectiveness of his counsel, his competency to stand trial, allegedly coercive interrogation, and the admissibility of his statements to police, are DISMISSED; signed by Judge Robert Holmes Bell (Judge Robert Holmes Bell, kcb)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

ROBERT ALLEN BAKER, #182416,
Plaintiff,
File No: 1:09-cv-1059
v.
HON. ROBERT HOLMES BELL
COUNTY OF MISSAUKEE, et al.,
Defendant.
/
ORDER
In accordance with the opinion entered this date,
IT IS HEREBY ORDERED that, Plaintiff’s Objections, (Dkt. No. 65), are
OVERRULED IN PART and SUSTAINED IN PART.
IT IS FURTHER ORDERED that, with the exceptions noted in the Court’s
opinion, the Magistrate Judge’s Report and Recommendation, (Dkt. No. 64), is
APPROVED and ADOPTED as the opinion of this Court.
IT IS FURTHER ORDERED that the Motion to Dismiss by Defendant Lake City,
(Dkt. No. 36), is GRANTED.
IT IS FURTHER ORDERED that the Motion to Dismiss by the Missaukee County
Defendants, (Dkt. No. 41), is DENIED.
IT IS FURTHER ORDERED that the Motion to Dismiss by Defendant Ureta, (Dkt.
No. 22), is DENIED.

IT IS FURTHER ORDERED that all claims involving Plaintiff’s criminal case,
including challenges to the effectiveness of his counsel, his competency to stand trial,
allegedly coercive interrogation, and the admissibility of his statements to police, are
DISMISSED.

Dated: May 3, 2011

/s/ Robert Holmes Bell
ROBERT HOLMES BELL
UNITED STATES DISTRICT JUDGE

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