Pitts #633348 v. Barrett et al

Filing 58

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 55 ; granting motion for leave to file an amended complaint 50 ; the proposed amended complaint (ECF No. 50-1) and proposed exhibits (ECF No. 50-2) shall be accepted; dismissing Defendants Jeffrey Stachowicz and Ronald Stafford; denying as moot motion for summary judgment 44 ; signed by Judge Janet T. Neff (Judge Janet T. Neff, rmw)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
NORTHERN DIVISION
RAYMOND DELANO PITTS,
Plaintiff,
Case No. 2:17-cv-12
v.
HON. JANET T. NEFF
JOSEPH BARRETT, et al.,
Defendants.

____________________________/
ORDER
This is a prisoner civil rights action filed pursuant to 42 U.S.C. § 1983. On December 15,
2017, Defendant Ronald Stafford filed a motion for summary judgment (ECF No. 44). In April of
this year, Plaintiff filed a Motion for leave to file an amended complaint (ECF No. 50), along with
his proposed amended complaint (ECF No. 50-1) and proposed exhibits (ECF No. 50-2). The
matters were referred to the Magistrate Judge, who issued a Report and Recommendation on May
9, 2018, recommending that this Court grant Plaintiff’s motion and deny Defendant Stafford’s
motion as moot. The Report and Recommendation was duly served on the parties. No objections
have been filed. See 28 U.S.C. § 636(b)(1). Therefore,
IT IS HEREBY ORDERED that the Report and Recommendation (ECF No. 55) is
APPROVED and ADOPTED as the Opinion of the Court.
IT IS FURTHER ORDERED that the Motion for leave to file an amended complaint
(ECF No. 50) is GRANTED. The Clerk of Court shall accept for filing as Plaintiff’s first amended
complaint the proposed amended complaint (ECF No. 50-1) and proposed exhibits (ECF No. 50-

2). Everette Angeli should not be considered a Defendant and the first amended complaint should
not be served on Everette Angeli.
IT IS FURTHER ORDERED that Defendants Jeffrey Stachowicz and Ronald Stafford
are DISMISSED from this case.
IT IS FURTHER ORDERED that Defendant Stafford’s Motion for summary judgment
(ECF No. 44) is DENIED as moot.

Dated: June 14, 2018

/s/ Janet T. Neff
JANET T. NEFF
United States District Judge

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