2:23-cv-10768•Ostrander v. Gilley et al
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1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION LEONARD DORANCE OSTRANDER, Plaintiff, v. ADAM GILLEY, Defendant. Case No. 23-10768 Honorable Matthew F. Leitman Magistrate Judge Elizabeth A. Stafford REPORT AND RECOMMENDATION TO GRANT DEFENDANT’S UNOPPOSED MOTION FOR SUMMARY JUDGMENT (ECF NO. 73) Plaintiff Leonard Dorance Ostrander, a pro se parolee of the Michigan Department of Corrections (MDOC), filed this action under 42 U.S.C. § 1983 in April 2023. In July 2024, the Honorable Matthew F. Leitman dismissed Ostrander’s claims and closed the case for failure to prosecute because Ostrander failed to update his address. ECF No. 39; ECF No. 40. But in August 2024, Ostrander updated his address and filed several motions. ECF No. 41; ECF No. 42; ECF No. 45; ECF No. 50. Judge Leitman reopened the case, set aside the judgment, and ordered Ostrander to file Case 2:23-cv-10768-MFL-EAS ECF No. 77, PageID.<pageID> Filed 10/24/25 Page 1 of 4
2 an amended complaint. ECF No. 51, PageID.311-312. Judge Leitman then referred the case to the undersigned for all pretrial matters under 28 U.S.C. § 636(b)(1). ECF No. 52. Ostrander’s amended complaint asserts just one claim—that Defendant Adam Gilley used excessive force during an arrest in February 2022. ECF No. 56. Gilley moves for summary judgment under Federal Rule of Civil Procedure 56, asserting that he is entitled to qualified immunity. ECF No. 73. Ostrander filed no response to the motion, even after the Court ordered him to do so. ECF No. 74. And Ostrander once again failed to update his address, so this Court ordered him to show cause why the action should not be dismissed for failure to prosecute. ECF No. 76. Ostrander failed to respond to the show cause order. When a plaintiff fails to respond or otherwise oppose a defendant’s motion, the Court may consider the plaintiff to have waived opposition to the motion. Humphrey v. U.S. Att’y Gen.’s Office, 279 F. App’x 328, 331 (6th Cir. 2008). And “[o]nce the qualified immunity defense is raised, the burden is on the plaintiff to demonstrate that the officials are not entitled to qualified immunity.” Silberstein v. City of Dayton, 440 F.3d 306, 311 (6th Cir. 2006). Ostrander has not met that burden here as he did not respond to the motion, even after being ordered to do so. Case 2:23-cv-10768-MFL-EAS ECF No. 77, PageID.<pageID> Filed 10/24/25 Page 2 of 4
3 Thus, the Court RECOMMENDS that Gilley’s motion be GRANTED and that Ostrander’s claims against Gilley be DISMISSED WITH PREJUDICE. s/Elizabeth A. Stafford ELIZABETH A. STAFFORD Dated: October 24, 2025 United States Magistrate Judge NOTICE TO THE PARTIES ABOUT OBJECTIONS Within 14 days of being served with this report and recommendation, any party may serve and file specific written objections to this Court’s findings and recommendations. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(2). If a party fails to timely file specific objections, any further appeal is waived. Howard v. Secretary of HHS, 932 F.2d 505 (6th Cir. 1991). And only the specific objections to this report and recommendation are preserved for appeal; all other objections are waived. Willis v. Secretary of HHS, 931 F.2d 390, 401 (6th Cir. 1991). Each objection must be labeled as “Objection #1,” “Objection #2,” etc., and must specify precisely the provision of this report and recommendation to which it pertains. Within 14 days after service of objections, any non-objecting party must file a response to the objections, specifically addressing each issue raised in the objections in the Case 2:23-cv-10768-MFL-EAS ECF No. 77, PageID.<pageID> Filed 10/24/25 Page 3 of 4
4 same order and labeled as “Response to Objection #1,” “Response to Objection #2,” etc. The response must be concise and proportionate in length and complexity to the objections, but there is otherwise no page limitation. If the Court determines that any objections lack merit, it may rule without awaiting the response. CERTIFICATE OF SERVICE The undersigned certifies that this document was served on counsel of record and any unrepresented parties via the Court’s ECF System to their email or First Class U.S. mail addresses disclosed on the Notice of Electronic Filing on October 24, 2025. s/Davon Allen DAVON ALLEN Case Manager Case 2:23-cv-10768-MFL-EAS ECF No. 77, PageID.<pageID> Filed 10/24/25 Page 4 of 4
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