James #252844 v. Jondreau et al
Filing
66
ORDER ADOPTING IN PART AND REJECTING IN PART REPORT AND RECOMMENDATION 58 , granting in part and denying in part the motion for summary judgment filed by Defendants Morin, Jondreau, Vertanen, Lampela, Marti, Kertu, Curtis and LeClaire 24 ; and gran ting the motion for summary judgment filed by Defendants Tribley, Sackett and Borgen 50 ; Judgment is entered against Plaintiff and in favor of Defendants Jondreau, LeClaire, Morin, Tribley, Sackett and Borgen. Plaintiff's retaliation claim is dismissed but his claim of excessive force against Defendants Vertanen, Lampela, Marti, Kertu and Curtis will be allowed to proceed ; signed by Judge Robert Holmes Bell (Judge Robert Holmes Bell, kcb)
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UNITED STATES DISTRICT COURT F O R THE WESTERN DISTRICT OF MICHIGAN N O R T H E R N DIVISION O R L A N D O JAMES, P l a in tif f , v. UNKNOWN JONDREAU et al., D e f e n d a n ts . / O R D E R AND PARTIAL JUDGMENT In accordance with the opinion entered this date, I T IS ORDERED that Plaintiff's objections (docket #64) to the Report and R e c o m m e n d a tio n of the Magistrate Judge (docket #58) are GRANTED IN PART AND D E N IE D IN PART and the Report and Recommendation of the Magistrate Judge is A D O P T E D IN PART AND REJECTED IN PART. I T IS FURTHER ORDERED that the motion for summary judgment filed by D e f en d a n ts Morin, Jondreau, Vertanen, Lampela, Marti, Kertu, Curtis and LeClaire (docket # 2 4 ) is GRANTED IN PART AND DENIED IN PART and the motion for summary ju d g m e n t filed by Defendants Tribley, Sackett and Borgen (docket #50) is GRANTED. I T IS FURTHER ORDERED that judgment is hereby entered against Plaintiff and in favor of Defendants Jondreau, LeClaire, Morin, Tribley, Sackett and Borgen. F I L E NO. 2:07-CV-235 H O N . ROBERT HOLMES BELL
IT IS FURTHER ORDERED that Plaintiff's retaliation claim is DISMISSED, but h is claim of excessive force claim against Defendants Vertanen, Lampela, Marti, Kertu and C u rtis will be allowed to proceed.
Dated: June 23, 2009
/s/ Robert Holmes Bell ROBERT HOLMES BELL UNITED STATES DISTRICT JUDGE
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