Opinion
Case No. 16-13116
05-26-2017
ERICKA LEE, PERSONAL REPRESENTATIVE OF THE ESTATE OF JOSEPH LEE, DECEASED, Plaintiff, v. COUNTY OF GENESEE, ET. AL., Defendant.
MAGISTRATE JUDGE STEPHANIE DAWKINS DAVIS
ORDER ADOPTING REPORT AND RECOMMENDATION [46]; GRANTING PLAINTIFF'S MOTION TO VOLUNTARILY DISMISS DEFENDANT BEXTON [25]; DENYING AS MOOT DEFENDANT BEXTON'S MOTION FOR JUDGMENT ON THE PLEADINGS [18]
On April 21, 2017, Magistrate Judge Davis issued a Report and Recommendation [46] on Defendant Bexton's Motion for Judgment on the Pleadings as to Counts III and IV filed on October 11, 2016 [18] and Plaintiff's Motion to Voluntarily Dismiss Defendant Bexton [25] filed on November 28, 2016. The Magistrate recommended that counts III and IV against Defendant Bexton be dismissed with prejudice per Plaintiff's Counsel's concession on the record at the hearing on March 28, 2017 and that Plaintiff's claim for deliberate indifference against Bexton be dismissed without prejudice. Neither party has filed any objection to the Report and Recommendation.
The Court has reviewed the Motion for Judgment on the Pleadings as to Counts III and IV [18], the response filed by Plaintiff [23], and Defendant's reply [24] as well as the Motion to Voluntarily Dismiss Defendant Bexton [25]and Plaintiff's response [27] as well as the Report and Recommendation [47] dismissing Counts III and IV with prejudice and the deliberate indifference claim against Bexton without prejudice. The Report and Recommendation [46] is hereby ADOPTED and entered as the findings and conclusions of the Court. Accordingly,
IT IS ORDERED that Plaintiff's Motion to Voluntarily Dismiss Defendant Bexton [25] is GRANTED.
IT IS FURTHER ORDERED that Counts III and IV against Defendant Bexton are DISMISSED with prejudice and the deliberate indifference count under the Eighth Amendment against Defendant Bexton is DISMISSED without prejudice.
IT IS FURTHER ORDERED that Defendant Bexon's Motion for Judgment on the Pleadings as to Counts III and IV [18] is DENIED as moot.
SO ORDERED.
s/Arthur J. Tarnow
Arthur J. Tarnow
Senior United States District Judge Dated: May 26, 2017
CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing document was served upon counsel of record and any unrepresented parties via the Court's ECF System to their respective email or First Class U.S Mail addresses disclosed on the Notice of Electronic filing on May 26, 2017.
s/Teresa McGovern
Case Manager Generalist