Smith v. City of Mount Clemens

Full title: MICHAEL DUANE SMITH, Plaintiff, v. CITY OF MOUNT CLEMENS, a Municipal…

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

Date published: Mar 6, 2006

Case No. 05-70467 (E.D. Mich. Mar. 6, 2006)

Opinion

Case No. 05-70467.

March 6, 2006

ORDER

R. WHALEN, Magistrate Judge

On May 17, 2005, Plaintiff filed a motion to strike Defendants' answer to complaint [Docket #13]. The motion was specifically directed at the answer filed as Docket #9.

Plaintiff's original Complaint named as Defendants the City of Mount Clemens, the Mount Clemens Police Department, and Police Officer Steven Andrews. On April 5, 2005, the Court dismissed Defendant City for failure to state a claim upon which relief could be granted. (See Docket #5). This order also dismissed the claims under 42 U.S.C. § 1985. On May 9, 2005, the Court reinstated the Plaintiff's § 1985 claim against Defendants Police Department and Officer Andrews (Docket #10). On February 6, 2006, the Court dismissed the Police Department as a Defendant, and amended the caption to substitute the City of Mount Clemens as the proper Defendant. Also on February 6, 2006, Defendant City filed an Amended Answer.

In light of the foregoing, Plaintiff's motion to strike [Docket #13] is moot, and is therefore DENIED.

SO ORDERED.