Freeman #752710 v. Headley et al

Filing 65

ORDER DISMISSING REPORT AND RECOMMENDATION 59 ; dismissing without prejudice as moot 48 ; granting Plaintiff's motion for leave to file an amended complaint 61 ; signed by Chief Judge Robert J. Jonker (Chief Judge Robert J. Jonker, ymc)

Case 2:18-cv-00068-RJJ-MV ECF No. 65 filed 03/02/20 PageID.546 Page 1 of 1

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
NORTHERN DIVISION

DALE FREEMAN #752710,
Plaintiff,
CASE NO. 2:18-CV-68
v.
HON. ROBERT J. JONKER
JENNIFER HEADLEY, et al.,
Defendants.
__________________________________/
ORDER
After the Magistrate Judge issued his Report and Recommendation, ECF No. 59, Plaintiff
moved for leave to file an amended complaint, ECF No. 61. The amendment would eliminate
some claims and streamline others. Defendants support Plaintiff’s motion.
The Court GRANTS Plaintiff’s motion for leave to file an amended complaint. The
amendments will likely impact at least some portion of the Report and Recommendation.
Accordingly, the Court dismisses the Report and Recommendation, as well as the underlying
motion it addresses, ECF No. 48, without prejudice, as moot. Defendants may renew their
exhaustion motion, or assert other defenses as appropriate, in response to the amended complaint.

Dated:

March 2, 2020

/s/ Robert J. Jonker
ROBERT J. JONKER
CHIEF UNITED STATES DISTRICT JUDGE