Jennings #711938 v. Crompton et al

Filing 85

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 76 ; Plaintiff's motions 47 and 48 are denied; Defendants Hall and Stone's motion for summary judgment 41 is granted; Defendants Hall and Stone are dismissed from this action with prejudice in their official capacities and without prejudice in their individual capacities ; signed by Chief Judge Robert J. Jonker (Chief Judge Robert J. Jonker, ymc)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
MARK COLIN JENNINGS, II,
Plaintiff,
Case No. 1:16-cv-921
v.
HON. ROBERT J. JONKER
ROBERT CROMPTON, et al.,
Defendants.
/
ORDER APPROVING MAGISTRATE'S
REPORT AND RECOMMENDATION
The Court has reviewed the July 20, 2017, Report and Recommendation filed by Magistrate
Judge Green in this action. (ECF No. 76). The Report and Recommendation was duly served on
the parties and recommends that: (1) Plaintiff’s motions for a temporary restraining order, summary
judgment and an extension of time to complete discovery (ECF Nos. 47, 48) be denied;
(2) Plaintiff’s claims for damages against defendants Hall and Stone in their official capacities be
dismissed under Eleventh Amendment immunity; and (3) that Defendants Hall and Stone’s motion
for summary judgment (ECF No. 41) be granted and that all Plaintiff’s remaining claims against
those defendants in their individual capacities be dismissed without prejudice. The time to file
objections has passed, and Plaintiff has filed only a motion to amend the complaint (ECF No. 82)
containing no objections to the magistrate’s Report and Recommendation. Indeed, Plaintiff concurs
with the magistrate that his claims against Defendants Hall and Stone in their individual capacity
should be dismissed. (ECF No. 82, PageID.818.)
ACCORDINGLY, IT IS ORDERED that the Report and Recommendation of the
magistrate judge (ECF No. 76) is approved and adopted as the opinion of the Court.

IT IS FURTHER ORDERED that Plaintiff’s motions (ECF No. 47, 48) are DENIED.
IT IS FURTHER ORDERED that the motion for summary judgment filed by Defendants
Hall and Stone (ECF No. 41) is GRANTED. Defendants Hall and Stone are DISMISSED from this
action with prejudice in their official capacities and without prejudice in their individual capacities.

Dated:

August 15, 2017

/s/ Robert J. Jonker
ROBERT J. JONKER
CHIEF UNITED STATES DISTRICT JUDGE