Foster v. Mulkey

Filing 7

ORDER Adopting Report and Recommendation 6 and Dismissing Plaintiff's Complaint, Signed by District Judge Thomas L Ludington. (TJac)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN NORTHERN DIVISION LAWRENCE DALE FOSTER, Plaintiff, v. LYNETTE MULKEY, Ogemaw County Magistrate, Defendant. ______________________________________ / ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND DISMISSING PLAINTIFF'S COMPLAINT Magistrate Judge Charles E. Binder issued a report and recommendation [Dkt. # 6] on July 13, 2010, recommending that Plaintiff's complaint be dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(iii) because it seeks monetary relief from a defendant who is immune from suit. 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 Binder's report and recommendation [Dkt. # 6] is ADOPTED. Case Number 10-12618-BC Honorable Thomas L. Ludington

It is further ORDERED that Plaintiff's complaint [Dkt. # 1] is DISMISSED WITH PREJUDICE. s/Thomas L. Ludington THOMAS L. LUDINGTON United States District Judge Dated: September 7, 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 September 7, 2010. s/Tracy A. Jacobs TRACY A. JACOBS

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