Labadie #219886 v. Mitchell et al

Filing 61

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 54 , denying 49 plaintiff's motion for summary judgment; denying as moot 52 defendants' motion to strike plaintiff's motion for summary judgment ; signed by Judge Robert Holmes Bell (Judge Robert Holmes Bell, kcb)

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MICHIGAN
NORTHERN DIVISION

KIRK WAYNE LABADIE,
Plaintiff,
File No. 2:14-cv-23
v.
HON. ROBERT HOLMES BELL
DOUGLAS MITCHELL et al.,
Defendants.
/
MEMORANDUM OPINION AND ORDER
On August 3, 2016, United States Magistrate Judge Timothy P. Greeley issued a
report and recommendation (R&R, ECF No. 54), recommending that Plaintiff Kirk Wayne
Labadie’s motion for summary judgment be denied, and that Defendants’ motion to strike
Plaintiff’s motion for summary judgment be denied as moot. No objections have been filed,
and the time for doing so has expired. The Court has reviewed the matter, and agrees with
the Magistrate Judge’s recommendation. Accordingly,
IT IS HEREBY ORDERED that the Magistrate Judge’s August 3, 2016, report and
recommendation (ECF No. 54) is APPROVED and ADOPTED as the opinion of this
Court.
IT IS FURTHER ORDERED that Plaintiff’s motion for summary judgment (ECF
No. 49) is DENIED.

IT IS FURTHER ORDERED that Defendants’ motion to strike Plaintiff’s motion
for summary judgment as untimely (ECF No. 52) is DENIED AS MOOT.

Dated: August 29, 2016

/s/ Robert Holmes Bell
ROBERT HOLMES BELL
UNITED STATES DISTRICT JUDGE

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