Harris #292201 v. Stoddard et al

Filing 83

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 77 ; denying motion for summary judgment 59 ; dismissing without prejudice Plaintiff's claims against Unknown Party #1 and Unknown Party #2; signed by Judge Janet T. Neff (Judge Janet T. Neff, rmw)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION WILLIE J. HARRIS, Plaintiff, Case No. 1:13-cv-543 v. HON. JANET T. NEFF CATHY STODDARD, et al., Defendants. / ORDER APPROVING REPORT AND RECOMMENDATION This is a civil rights action filed pursuant to 42 U.S.C. § 1983. Defendants filed a Motion for Summary Judgment (Dkt 59). The matter was referred to the Magistrate Judge, who issued a Report and Recommendation on August 12, 2014 recommending that this Court deny the motion and dismiss Plaintiff’s claims against two unidentified defendants. The Report and Recommendation was duly served on the parties. No objections have been filed. See 28 U.S.C. § 636(b)(1). Therefore, IT IS HEREBY ORDERED that the Report and Recommendation of the Magistrate Judge (Dkt 77) is APPROVED and ADOPTED as the opinion of the Court. IT IS FURTHER ORDERED that Defendants’ Motion for Summary Judgment (Dkt 59) is DENIED. IT IS FURTHER ORDERED that Plaintiff’s claims against Unknown Party #1 and Unknown Party #2 are DISMISSED WITHOUT PREJUDICE for failure to timely effect service. Dated: September 8, 2014 /s/Janet T. Neff JANET T. NEFF United States District Judge

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