Labadie #219886 v. Mitchell et al

Filing 37

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 35 , granting plaintiff's motion to supplement 36 , granting in part and denying in part defendants' motion for summary judgment 26 ; signed by Judge Robert Holmes Bell (Judge Robert Holmes Bell, kcb)

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UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN NORTHERN DIVISION KIRK WAYNE LABADIE, Plaintiff, Case No. 2:14-CV-23 v. HON. ROBERT HOLMES BELL DOUGLAS MITCHELL, et al., Defendants. ____________________________________/ ORDER APPROVING AND ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION On July 7, 2015, Magistrate Judge Timothy P. Greeley issued a Report and Recommendation (“R&R”) (ECF No. 35) recommending that Defendants’ Motion for Summary Judgment (ECF No. 26) be denied in part and granted in part. Plaintiff objects to the R&R in so far as it suggests that he did not provide witness statements, and he has filed a motion to supplement the record with witness statements. The Court has reviewed the matter and concludes that the R&R correctly analyzes the issues and makes a sound recommendation. IT IS HEREBY ORDERED that the Magistrate Judge’s July 7, 2015, R&R (ECF No. 35) is APPROVED and ADOPTED as the Opinion of the Court. IT IS FURTHER ORDERED that Defendants’ Motion for Summary Judgment (ECF No. 26) is GRANTED IN PART and DENIED IN PART. IT IS FURTHER ORDERED that Plaintiff’s Motion to Supplement (ECF No. 36) is GRANTED. Dated: August 17, 2015 /s/ Robert Holmes Bell ROBERT HOLMES BELL UNITED STATES DISTRICT JUDGE

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