Carter #302542 et al v. Heyns et al

Filing 50

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 48 ; Plaintiff Lopp is DISMISSED from this action for lack of prosecution and failure to comply with a court order; Defendants Burton and Perez are DISMISSED; Plaintiff Carter's motion to sever 44 is DENIED; Plaintiff Carter's motion to amend 46 isGRANTED, and his proposed amended complaint [46-1] shall be FILED instanter; the Magistrate Judge shall enter an amended case management order for Plaintiff Carter to proceed with his claims against Defendants Heyns, Finco, Hoffner and Leach; signed by Chief Judge Robert J. Jonker (Chief Judge Robert J. Jonker, ymc)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

WILLIAM JERMICHAEL CARTER
and JOSHUA LOPP,
Plaintiffs,
File no: 1:16-CV-1279
v.
HON. ROBERT J. JONKER
DANIEL HEYNS, et al.,
Defendants.
/
ORDER APPROVING MAGISTRATE'S
REPORT AND RECOMMENDATION
The Court has reviewed the Report and Recommendation filed by the United States
Magistrate Judge in this action on February 18, 2020 (ECF No. 48).

The Report and

Recommendation was duly served on the parties. No objections have been filed under 28 U.S.C. §
636(b)(1)(C).
ACCORDINGLY, IT IS ORDERED that the Report and Recommendation of the
Magistrate Judge (ECF No. 48) is approved and adopted as the opinion of the Court.
IT IS FURTHER ORDERED that Plaintiff Lopp is DISMISSED from this action for lack
of prosecution and failure to comply with a court order under W.D. Mich. LCivR 41.1.
IT IS FURTHER ORDERED that Defendants Burton and Perez are DISMISSED.
IT IS FURTHER ORDERED that Plaintiff Carter’s motion to sever (ECF No. 44) is
DENIED.
IT IS FURTHER ORDERED that Plaintiff Carter’s motion to amend (ECF No. 46) is
GRANTED, and his proposed amended complaint (ECF No. 46-1) shall be FILED instanter.

IT IS FURTHER ORDERED that the Magistrate Judge shall enter an amended case
management order for Plaintiff Carter to proceed with his claims against Defendants Heyns, Finco,
Hoffner and Leach.

Date:

March 20, 2020

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