Smith v. Flint, City of et al

Filing 30

ORDER Adopting Magistrate Judge's 29 Report and Recommendation and Dismissing Plaintiff's Complaint. Signed by District Judge Thomas L Ludington. (DWor)

Smith v. Flint, City of et al

Doc. 30

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN NORTHERN DIVISION JONCEY SMITH, Plaintiff, v. CITY OF FLINT, ALVERN LOCK, FLINT POLICE DEPARTMENT, RONALD NELSON, BRIAN COLEMAN, and JEFFREY COLLINS, Defendants. ______________________________________ / ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND DISMISSING PLAINTIFF'S COMPLAINT Magistrate Judge Mark A Randon issued a report and recommendation [Dkt. # 29] on June 22, 2010, recommending that the motion to dismiss [Dkt. # 17] filed by Defendants City of Flint, Avern Lock, Flint Police Department, Brian Coleman, and Jeffrey Collins be granted and Plaintiff Joncey Smith's claims against those Defendants be dismissed. Judge Randon also recommended that Plaintiff's claims against Defendant Ronald Nelson be dismissed without prejudice because Nelson has not been served. Any 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 Judge Randon's report and recommendation [Dkt. # 29] is ADOPTED. Case Number 09-13686-BC Honorable Thomas L. Ludington

Dockets.Justia.com

It is further ORDERED that Defendants' motion to dismiss [Dkt. # 17] is GRANTED. It is further ORDERED that Plaintiff's claims against Defendants City of Flint, Alvern Lock, Flint Police Department, Brian Coleman, and Jeffrey Collins are DISMISSED WITH PREJUDICE. It is further ORDERED that Plaintiff's claims against Defendant Ronald Nelson are DISMISSED WITHOUT PREJUDICE. s/Thomas L. Ludington THOMAS L. LUDINGTON United States District Judge Dated: July 21, 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 July 21, 2010. s/Tracy A. Jacobs TRACY A. JACOBS

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