King et al v. Williams

Filing 27

ORDER adopting 22 Report and Recommendation; and denying 14 Motion to Dismiss. Signed by District Judge Thomas L. Ludington. (SGam)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
NORTHERN DIVISION
CHERYL KING and
KEVIN KING,
Plaintiffs,

Case No. 12-15116
Honorable Thomas L. Ludington

v.
TIFFANEY WILLIAMS,
Defendant.
/
ORDER ADOPTING REPORT AND RECOMMENDATION, DENYING
DEFENDANT’S MOTION TO DISMISS PLAINTIFF’S AMENDED COMPLAINT
Plaintiffs Kevin King, a Michigan Department of Corrections (“MDOC”) prisoner, and
his wife, Cheryl King, brought this case pursuant to 42 U.S.C. § 1983, alleging that MDOC
employee Tiffaney Williams had violated their First Amendment rights by retaliating for their
complaints to Williams’ supervisor. On August 7, 2013, Magistrate Judge Charles E. Binder
issued a report recommending Defendant’s motion to dismiss be denied because Plaintiffs have
stated a claim for First Amendment retaliation and Defendant is not entitled to qualified
immunity. As of today’s date, no party has filed any objections to the magistrate judge’s report
and recommendation. The election to not file objections to the magistrate judge’s report releases
the Court from its duty to independently review the record. Thomas v. Arn, 474 U.S. 140, 149
(1985).
Accordingly, it is ORDERED that the magistrate judge’s report and recommendation,
ECF No. 22, is ADOPTED.

It is further ORDERED that Defendant’s motion to dismiss Plaintiffs’ amended
complaint, ECF No. 14, is DENIED.
Dated: September 3, 2013

s/Thomas L. Ludington
THOMAS L. LUDINGTON
United States District Judge

PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing
order was served upon each attorney of record herein by
electronic means and upon Cheryl King at14446 Longview
Drive, Sterling Heights, MI 48313 and Kevin King #171671 at
G. Robert Cotton Correctional Facility, 3500 N. Elm Road,
Jackson, MI 49201 by first class U.S. mail on September 3,

2013.
s/Tracy A. Jacobs
TRACY A. JACOBS