Filed: Mar. 24, 2016
Latest Update: Mar. 24, 2016
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION JOHN CORBETT O'MEARA , District Judge . Before the court is Magistrate Judge Hluchaniuk's January 3, 2016 report and recommendation, in which he recommends that Defendants' second motion for summary judgment be denied. Defendants filed timely objections, to which Plaintiff responded. With respect to reports and recommendations from magistrate judges, this court "shall make a de novo determination of those portions of the report or specified propo
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION JOHN CORBETT O'MEARA , District Judge . Before the court is Magistrate Judge Hluchaniuk's January 3, 2016 report and recommendation, in which he recommends that Defendants' second motion for summary judgment be denied. Defendants filed timely objections, to which Plaintiff responded. With respect to reports and recommendations from magistrate judges, this court "shall make a de novo determination of those portions of the report or specified propos..
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ORDER ADOPTING REPORT AND RECOMMENDATION
JOHN CORBETT O'MEARA, District Judge.
Before the court is Magistrate Judge Hluchaniuk's January 3, 2016 report and recommendation, in which he recommends that Defendants' second motion for summary judgment be denied. Defendants filed timely objections, to which Plaintiff responded.
With respect to reports and recommendations from magistrate judges, this court "shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made." 28 U.S.C. § 636(b)(1)(C). The court "may accept, reject or modify, in whole or in part, the findings or recommendations made by the magistrate." Id.
Having reviewed the record, including the Sixth Circuit's April 21, 2014 opinion, the court agrees with Magistrate Judge Hluchaniuk's analysis and recommendation.
THEREFORE, IT IS HEREBY ORDERED that Magistrate Judge Hluchaniuk's January 3, 2016 report and recommendation is ADOPTED.
IT IS FURTHER ORDERED that Defendants' motion for summary judgment is DENIED.
