Beck v. Plainwell, City of et al

Filing 127

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 126 ; Defendants City of Plainwell, Wilson, Bomar, Varley and Updike's Motion for Summary Judgment 34 and Defendant Champion's Motion for Summary Judgment 43 are granted in part, d enied in part, and denied without prejudice in part as outlined, and for the reasons stated, in the Report and Recommendation; Plaintiff shall, no later than 14 days from the date of this Order, file a more definite statement clarifying the allegations in paragraphs 76, 115, 118, 130 and 134 of her complaint; an appeal of this decision would not be taken in good faith; signed by Judge Janet T. Neff (Judge Janet T. Neff, rmw)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
____________________

BARBARA L. BECK,
Plaintiff,

Case No. 1:11-cv-735

v.

HON. JANET T. NEFF

CITY OF PLAINWELL et al.,
Defendants.
/

ORDER APPROVING REPORT AND RECOMMENDATION
The Court has reviewed the Report and Recommendation filed May 10, 2012 by the United
States Magistrate Judge in this action. The Report and Recommendation was duly served on the
parties and no objections have been filed pursuant to 28 U.S.C. § 636(b)(1)(C).
THEREFORE, IT IS ORDERED that the Report and Recommendation of the Magistrate
Judge (Dkt 126) is APPROVED and ADOPTED as the opinion of the Court.
IT IS FURTHER ORDERED Defendants City of Plainwell, Erik J. Wilson, William
Bomar, John Varley and Ricky L. Updike’s Motion for Summary Judgment (Dkt 34) and Defendant
Robert A. Champion’s Motion for Summary Judgment (Dkt 43) are GRANTED IN PART, DENIED
IN PART, AND DENIED WITHOUT PREJUDICE IN PART as outlined, and for the reasons
stated, in the Report and Recommendation.
IT IS FURTHER ORDERED that Plaintiff shall, no later than fourteen (14) days from the
date of this Order, file a more definite statement clarifying the allegations in paragraphs 76, 115,
118, 130 and 134 of her complaint, precisely identifying the specific individual or individuals
against whom such allegations are advanced.

IT IS FURTHER ORDERED that this Court certifies pursuant to 28 U.S.C. § 1915(a)(3)
that an appeal of this decision would not be taken in good faith. See McGore v. Wrigglesworth, 114
F.3d 601, 610-11 (6th Cir. 1997), overruled on other grounds by Jones v. Bock, 549 U.S. 199, 206,
211-12 (2007).

Dated: May 29, 2012

/s/Janet T. Neff
JANET T. NEFF
UNITED STATES DISTRICT JUDGE