Spiller #227632 v. Stieve et al

Filing 47

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 44 ; denying as moot objection 45 ; granting motions for summary judgment 16 , 29 ; Judgment to issue; signed by Judge Janet T. Neff (Judge Janet T. Neff, rmw)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
EDDIE SPILLER,
Plaintiff,
Case No. 1:18-cv-692
v.
HON. JANET T. NEFF
JEFFREY STIEVE, et al.,
Defendants.

____________________________/
ORDER
This is a prisoner civil rights action filed pursuant to 42 U.S.C. § 1983. Defendants filed
motions for summary judgment (ECF Nos. 16 & 29). The matter was referred to the Magistrate
Judge, who issued a Report and Recommendation on May 13, 2019, recommending that this Court
grant the motions and that this matter be terminated. The Report and Recommendation was duly
served on the parties. Although Plaintiff filed an Objection (ECF No. 45), he requests that the
Report and Recommendation be adopted if the dismissal is without prejudice. Because this Order
dismisses this case without prejudice, the Objection is denied as moot. Therefore,
IT IS HEREBY ORDERED that the Report and Recommendation (ECF No. 44) is
APPROVED and ADOPTED as the Opinion of the Court.
IT IS FURTHER ORDERED that the Motions for Summary Judgment (ECF No. 16 &
29) are GRANTED.
IT IS FURTHER ORDERED that this matter is DISMISSED without prejudice.
A Judgment will be entered consistent with this Order.

Dated: June 19, 2019

/s/ Janet T. Neff
JANET T. NEFF
United States District Judge