Smith v. City of Mount Clemens

Full title: MICHAEL DUANE SMITH Plaintiff, v. CITY OF MOUNT CLEMENS and OFFICER STEVEN…

Court: United States District Court, E.D. Michigan, Southern Division

Date published: Oct 6, 2009

Case No. 05-70467 (E.D. Mich. Oct. 6, 2009)

Opinion

Case No. 05-70467.

October 6, 2009

ORDER ADOPTING REPORT AND RECOMMENDATION [90], DENYING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT [83], and DENYING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO LIABILITY [81]

ARTHUR TARNOW, District Judge

Before the Court is the Magistrate Judge's Report and Recommendation [90], filed August 20, 2009, regarding Defendants' Motion for Summary Judgment [83] and Plaintiff's Motion for Partial Summary Judgment as to Liability [81]. The Report and Recommendation recommends that both motions be denied.

By the September 8, 2009, deadline, none of the parties had filed an objection to the Report and Recommendation. There having been no objection, and the Court having reviewed the record and being fully advised in the premises,

IT IS HEREBY ORDERED that the Report and Recommendation [90] is ADOPTED. IT IS FURTHER ORDERED that Defendants' Motion for Summary Judgment [83] is DENIED. IT IS FURTHER ORDERED that Plaintiff's Motion for Partial Summary Judgment as to Liability [81] is also DENIED. This matter shall be set for trial.

SO ORDERED.