Opinion
Case No. 16-10164
01-18-2017
CARY COSGROVE, Plaintiff, v. GARY MILLER, et al., Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION [Doc. 36] AND GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT [DOC. 26]
On December 19, 2016, Magistrate Judge Elizabeth A. Stafford issued a Report and Recommendation [Doc. 36] recommending that Defendants' Motion for Summary Judgment [Doc. 26] be GRANTED IN PART and DENIED IN PART. Neither party filed objections within the fourteen day period pursuant to Fed. R. Civ. P. 72(b) and 28 U.S.C. § 636(b)(1). Accordingly, the Court ADOPTS the Report and Recommendation.
Defendants' motion for summary judgment [Doc. 26] is GRANTED IN PART and DENIED IN PART. Plaintiff's excessive force claim against Anthony Collier survives summary judgment; all of his other claims are DISMISSED WITHOUT PREJUDICE.
IT IS ORDERED.
S/Victoria A. Roberts
Victoria A. Roberts
United States District Judge Dated: January 18, 2017 The undersigned certifies that a copy of this document was served on the attorneys of record and Cary Cosgrove by electronic means or U.S. Mail on January 18, 2017. s/Linda Vertriest
Deputy Clerk