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)

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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

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