Heard v. Strange et al, No. 2:2017cv13904 - Document 28 (E.D. Mich. 2018)

Court Description: OPINION and ORDER Accepting 24 REPORT AND RECOMMENDATION Denying 16 MOTION to Dismiss, Denying 13 MOTION for Summary Judgment - Signed by District Judge Nancy G. Edmunds. (LBar) (Main Document 28 replaced on 8/31/2018) (LBar).

Download PDF
Heard v. Strange et al Doc. 28 Case 2:17-cv-13904-NGE-PTM ECF No. 28 filed 08/31/18 PageID.399 Page 1 of 2 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION LAMONT HEARD, Case No. 17-13904 Plaintiff, Honorable Nancy G. Edmunds v. YARNICE STRANGE and KYLE SHANNON, Defendants. / OPINION AND ORDER ACCEPTING THE MAGISTRATE JUDGE’S JUNE 21, 2018 REPORT AND RECOMMENDATION [24]; DENYING WITHOUT PREJUDICE DEFENDANTS' MOTION FOR SUMMARY JUDGMENT [13]; CONSTRUING PLAINTIFF'S "MOTION TO DISMISS DEFENDANTS' MOTION FOR SUMMARY JUDGMENT" [16] AS A RESPONSE; AND DENYING WITHOUT PREJUDICE PLAINTIFF'S REQUEST FOR DISCOVERY Currently before the Court is the Magistrate Judge’s June 21, 2018 report and recommendation. (Dkt. # 24). The Court is fully advised in the premises and has reviewed the record and the pleadings. No party has filed objections. “[T]he failure to object to the magistrate judge’s report[] releases the Court from its duty to independently review the matter.” Hall v. Rawal, 09-10933, 2012 WL 3639070, at *1 (E.D. Mich. Aug. 24, 2012) (citation omitted). The Court nevertheless agrees with the Magistrate Judge’s recommendation. The Court therefore ACCEPTS and ADOPTS the Magistrate Judge’s report and recommendation (Dkt. # 24). The Court having granted Plaintiff leave to amend his complaint, IT IS HEREBY ORDERED that Defendants' motion for summary judgment (Dkt. # 13) is DENIED WITHOUT PREJUDICE as moot. Dockets.Justia.com Case 2:17-cv-13904-NGE-PTM ECF No. 28 filed 08/31/18 PageID.400 Page 2 of 2 The Court construes Plaintiff's "Motion to Dismiss Defendants' Motion for Summary Judgment" (Dkt. # 16) as a response opposing Defendants' motion. To the extent Plaintiff moves to compel discovery, IT IS FURTHER ORDERED that Plaintiff's request is DENIED WITHOUT PREJUDICE as moot, given Defendants' later response to Plaintiff's discovery requests. SO ORDERED. s/Nancy G. Edmunds Nancy G. Edmunds United States District Judge Dated: August 31, 2018 I hereby certify that a copy of the foregoing document was served upon counsel of record on August 31, 2018, by electronic and/or ordinary mail. s/Lisa Bartlett Case Manager 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.