Payne #650743 v. Alviar et al

Filing 52

ORDER ADOPTING IN PART AND REJECTING IN PART REPORT AND RECOMMENDATION 47 : denying 18 motion to dismiss and/or for summary judgment; denying 24 motion for summary judgment; signed by Chief Judge Hala Y. Jarbou (aks)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

SCOTT GORDON PAYNE,
Plaintiff,
Case No. 1:23-cv-524
v.
Hon. Hala Y. Jarbou
SYDNIE ALVIAR, et al.,
Defendants.
___________________________________/
ORDER
In accordance with the opinion entered this date:
IT IS ORDERED that the report and recommendation (“R&R”) of the magistrate judge
(ECF No. 47) is ADOPTED IN PART and REJECTED IN PART. The Court adopts Sections
I – III of the R&R and its recommendation to deny Defendant’s Alviar’s motion to dismiss. The
Court rejects the remainder of the R&R.
IT IS FURTHER ORDERED that Defendant Alviar’s motion to dismiss and/or for
summary judgment (ECF No. 18) is DENIED.
IT IS FURTHER ORDERED that Defendant Sherwood’s motion for summary judgment
(ECF No. 24) is DENIED.

Dated: March 27, 2024

/s/ Hala Y. Jarbou
HALA Y. JARBOU
CHIEF UNITED STATES DISTRICT JUDGE