Taylor #377991 v. Smith et al

Filing 101

ORDER APPROVING AND ADOPTING portions of the August 24, 2016 R&R 93 addressing Plaintiff's rights to access the courts, due process, and equal protection; denying the portion of the R&R addressing Defendant Smith's qualified immunity; den ying Plaintiff's motion for summary judgment 83 ; granting in part and denying in part Defendants' motion for summary judgment 81 ; dismissing Plaintiff's access to court and due process claims for lack of genuine dispute of material fact; entering partial JUDGMENT in favor of Defendants as to Plaintiff's access to court and due process claims; 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 TERRENCE TAYLOR, Plaintiff, Case No. 2:14-cv-175 v. HON. ROBERT HOLMES BELL SCOTT SMITH, et al., Defendants. / ORDER In accordance with the opinion entered on this date: IT IS HEREBY ORDERED that Plaintiff’s objections to the R&R (ECF No. 95) are OVERRULED in part and GRANTED in part. IT IS FURTHER ORDERED that the portions of the August 24, 2016 R&R (ECF No. 93) addressing Plaintiff’s rights to access the courts, due process, and equal protection are APPROVED and ADOPTED as the opinion of the Court. The portion of the R&R addressing Defendant Smith’s qualified immunity is NOT ADOPTED. IT IS FURTHER ORDERED that Plaintiff’s motion for summary judgment (ECF No. 83) is DENIED. IT IS FURTHER ORDERED that Defendants’ motion for summary judgment (ECF No. 81) is GRANTED in part and DENIED in part. Plaintiff’s access to court and due process claims are DISMISSED for lack of genuine dispute of material fact. IT IS FURTHER ORDERED that partial JUDGMENT is entered in favor of Defendants as to Plaintiff’s access to court and due process claims. Dated: October 27, 2016 /s/ Robert Holmes Bell ROBERT HOLMES BELL UNITED STATES DISTRICT JUDGE

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