Lewis v. Elliot

Full title: MAN LEWIS, Plaintiff, v. BILL ELLIOT, et al., Defendants

Court: United States District Court, W.D. Michigan, Northern Division

Date published: Aug 30, 2005

Case No. 2:04-cv-224 (W.D. Mich. Aug. 30, 2005)

Opinion

Case No. 2:04-cv-224.

August 30, 2005

OPINION AND ORDER APPROVING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

ROBERT BELL, Chief District Judge

The Court has reviewed the Report and Recommendation filed by the United States Magistrate Judge in this action. The Report and Recommendation was duly served on the parties. The Court has received objections from the plaintiff. In accordance with 28 U.S.C. § 636(b)(1), the Court has performed de novo consideration of those portions of the Report and Recommendation to which objection has been made. The Court now finds the objections to be without merit.

Defendants filed a motion to dismiss. The Magistrate Judge recommended that the motion should be denied. No objections were filed by defendants. Plaintiff filed a motion for summary judgment. Plaintiff argues that he is entitled to summary judgment, although he argues that there exists a genuine issue of material fact on his claims. Plaintiff has failed to show that he is entitled to summary judgment. Plaintiff's argument that defendants failed in their burden of establishing a defense to plaintiff's claims lacks merit. It is plaintiff's burden to prove his claims.

THEREFORE, IT IS ORDERED that the Report and Recommendation of the Magistrate Judge is approved and adopted as the opinion of the court.

IT IS FURTHER ORDERED that defendants' motion to dismiss (docket #13) and plaintiff's motion for summary judgment (docket #17) are DENIED.