Otworth v. Williams Hughes & Cook PPLC et al

Filing 28

ORDER ADOPTING REPORT AND RECOMMENDATION 12 to dismiss complaint; Motions 14 , 19 , and 21 are DISMISSED AS MOOT; case closed; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt)

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

CLARENCE OTWORTH,
Plaintiff,
v.

Case No. 1:11-CV-206

WILLIAMS, HUGHES & COOK, PLLC,
HAROLD F. CLOSZ, III, SHON A. COOK,
and SUSAN M. FRANKLIN,

HON. GORDON J. QUIST

Defendants.
/
ORDER
In accordance with the Opinion entered today,
IT IS HEREBY ORDERED that the Report and Recommendation issued March 23, 2011
(docket no. 12) is ADOPTED.
IT IS FURTHER ORDERED that Plaintiff’s Amended Complaint is DISMISSED
pursuant to 28 U.S.C. § 1915(e)(2) for the reason that it fails to state a claim upon which relief can
be granted. Plaintiff’s state law claim in Count II is DISMISSED WITHOUT PREJUDICE
pursuant to 28 U.S.C. § 1367(c)(3).
IT IS FURTHER ORDERED that Plaintiff’s Motion To Set Aside The Attorney
Appearance Of Theodore N. Williams Jr. & Eric C. Grimm (docket no. 14), Defendants’ Motion To
Strike Plaintiff Clarence Otworth’s April 8, 2008 “Response To Defendants’ Memorandum In
Opposition” (docket no. 19), and Plaintiff’s Motion For An Order Directing Defendants To Turn
Over The Audio And Transcript Of The December 13, 2010, Hearing On Defendant’s Motion For
Summary Disposition To U.S. District Judge Gordon Jay Quist For Safekeeping (docket no. 21) are
DISMISSED AS MOOT.
This case is concluded.
Dated: April 21, 2011

/s/ Gordon J. Quist
GORDON J. QUIST
UNITED STATES DISTRICT JUDGE