Oliver v. Vasbinder et al
Filing
31
ORDER Adopting 29 Report and Recommendation, Granting 21 Motion for Summary Judgment, Dismissing Both Defendants with Prejudice, and Dismissing State Law Claims without Prejudice. Signed by District Judge Thomas L Ludington. (CGre)
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN NORTHERN DIVISION JOEY OLIVER, Plaintiff, v. DOUGLAS VASBINDER, ET AL., Defendants. ______________________________________/ ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION, GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGEMENT, DISMISSING BOTH DEFENDANTS WITH PREJUDICE, AND DISMISSING STATE LAW CLAIMS WITHOUT PREJUDICE Magistrate Judge R. Steven Whalen issued a report and recommendation on February 10, 2010, recommending that Defendants' motion for summary judgment be granted, both remaining Defendants be dismissed with prejudice, and Plaintiff's state law claims be dismissed without prejudice. Either party may serve and file written objections "[w]ithin fourteen days after being served with a copy" of the report and recommendations. 28 U.S.C. § 636(b)(1). The district court will make a "de novo determination of those portions of the report . . . to which objection is made." Id. Where, as here, neither party objects to the report, the district court is not obligated to independently review the record. Thomas v. Arn, 474 U.S. 140, 14952 (1985). Accordingly, it is ORDERED that the magistrate judge's report and recommendation [Dkt. # 29] is ADOPTED. It is further ORDERED that Defendant's motion for summary judgment [Dkt. # 21] is GRANTED. Case Number 08-11768-BC Honorable Thomas L. Ludington
It is further ORDERED that Defendants Palus and Salinas are DISMISSED WITH PREJUDICE. It is further ORDERED that Plaintiff's state law claims are DISMISSED WITHOUT PREJUDICE.
s/Thomas L. Ludington THOMAS L. LUDINGTON United States District Judge Dated: March 4, 2010
PROOF OF SERVICE The undersigned certifies that a copy of the foregoing order was served upon each attorney or party of record herein by electronic means or first class U.S. mail on March 4, 2010. s/Tracy A. Jacobs TRACY A. JACOBS
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