Summary
noting that the checkmate doctrine has been involved in sixteen unpublished Sixth Circuit opinions
Summary of this case from Cosgrove v. LabelleOpinion
Case No. 14-10244
03-30-2015
ROBERT ANNABEL, Plaintiff, v. JACK FROST, ET AL., Defendants.
MAGISTRATE JUDGE R. STEVEN WHALEN ORDER ADOPTING REPORT AND RECOMMENDATION [38] , DENYING AS MOOT DEFENDANTS' FIRST MOTION FOR SUMMARY JUDGMENT [15], AND GRANTING DEFENDANTS' SECOND MOTION FOR SUMMARY JUDGMENT [28]
On February 17, 2015, the Magistrate Judge issued a Report and Recommendation ("R&R") [38] recommending that Defendants' first Motion for Summary Judgment [15] be denied as moot because Plaintiff obtained leave of court to file an Amended Complaint [18] after Defendants' filed the Motion [15]. The R&R [38] also recommended that Defendants' second Motion for Summary Judgment [28] be granted. No objection to the R&R [38] was filed.
The Court has reviewed the record in this case. The R&R [38] of the Magistrate Judge is hereby ADOPTED and is entered as the findings and conclusions of the Court. Accordingly,
Accordingly,
IT IS ORDERED that Defendants' first Motion for Summary Judgment [15] is DENIED AS MOOT.
IT IS FURTHER ORDERED that Defendants' second Motion for Summary Judgment [28] is GRANTED.
THIS CASE IS CLOSED.
SO ORDERED.
s/Arthur J. Tarnow
Arthur J. Tarnow
Senior United States District Judge
Dated: March 30, 2015