Sumerlin #498164 v. Bien

Filing 24

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 23 ; granting motion for voluntary dismissal 19 and dismissing claims as to defendant Bien; dismissing as moot motion for summary judgment 12 ; granting plaintiff's motion to amend/correct complaint 23 ; Clerk shall accept the proposed document for filing; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

ARTHUR SUMERLIN,
Plaintiff,
Case No. 1:17-cv-459
v.
HONORABLE PAUL L. MALONEY
BARBARA BIEN,
Defendant.

_______________________/

ORDER ADOPTING REPORT AND RECOMMENDATION
This is a prisoner civil rights action filed pursuant to 42 U.S.C. § 1983. The matter was
referred to the Magistrate Judge, who issued a Report and Recommendation on March 9, 2018,
recommending that this Court grant Plaintiff’s motion for voluntary dismissal under Rule 41(a)(2)
of the Federal Rules of Civil Procedure (ECF No. 19), and grant Plaintiff’s motion for leave to
amend/correct his complaint (ECF No. 16). 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 (ECF No. 23) is
APPROVED and ADOPTED as the Opinion of the Court.
IT IS FURTHER ORDERED that the Plaintiff’s motion for voluntary dismissal (ECF
No. 19) is GRANTED. All claims against Defendant Bien are DISMISSED with prejudice.
IT IS FURTHER ORDERED that Defendant Bien’s motion for summary judgment (ECF
No. 12) is DISMISSED as moot

IT IS FURTHER ORDERED that Plaintiff’s motion for leave to amend/correct his
complaint (ECF No. 16) is GRANTED. The Clerk of Court shall accept the proposed document
for filing.

Dated: April 13, 2018

/s/ Paul L. Maloney
Paul L. Maloney
United States District Judge

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