Visner v. Isabella County et al

Filing 6

ORDER Adopting 5 Report and Recommendation and Dismissing Complaint. Signed by District Judge Thomas L. Ludington. (Sandusky, K)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
NORTHERN DIVISION
THEODORE VISNER,
Plaintiff,
v

Case No. 14-cv-14610
Honorable Thomas L. Ludington
Magistrate Judge Patricia T. Morris

ISABELLA COUNTY, et al.,
Defendants.
__________________________________________/
ORDER ADOPTING REPORT AND RECOMMENDATION
AND DISMISSING COMPLAINT
On December 5, 2014, Plaintiff Theodore Visner filed a complaint against Isabella
County and various members of the Isabella County judiciary and staff. Visner alleged that
Defendants “unlawfully trespassed upon the known and expected rights of Plaintiff who had a
reasonable expectation to be free from such unreasonable search and seizures/ordered theft in the
public setting of the public courthouse where the theft of Plaintiff’s personal property occurred
by the unlawful, unwritten order of the judge, Paul Chamberlain which was then unlawfully
executed by threat of force through the bailiffs/accomplices/henchmen.” Compl. ¶ 1. Visner
alleged that Defendants violated 42 U.S.C. §§ 1983, 1985, 1988 and the First, Fourth, Fifth,
Eight, and Fourteenth Amendments as well as Article I, § 10 to the Constitution of the United
States. After filing the Complaint, no other action was taken in this case.
On June 30, 2015, Magistrate Judge Patricia T. Morris issued a report recommending that
Visner’s Complaint be dismissed for failure to prosecute. Judge Morris noted that there is no
indication that Visner attempted to serve Defendants and that Visner did not respond to the May
15, 2015 show-cause order. Accordingly, Judge Morris recommended that Visner’s Complaint

be dismissed sua sponte for failure to prosecute pursuant to Federal Rule of Civil Procedure
41(b).
Although Magistrate Judge Morris’s report explicitly stated that the parties to this action
may object to and seek review of the recommendation within fourteen days of service of the
report, neither Plaintiff nor Defendants filed any objections. The election not to 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). The failure to file objections to the report and
recommendation waives any further right to appeal.
Accordingly, it is ORDERED that the magistrate judge’s report and recommendation
(ECF No. 5) is ADOPTED.
It is further ORDERED that Plaintiff’s Complaint (ECF No. 1) is DISMISSED for
failure to prosecute.

s/Thomas L. Ludington
THOMAS L. LUDINGTON
United States District Judge
Dated: July 28, 2015

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 and on Theodore Visner, P.O. Box 277, Mt. Pleasant, MI
48858 by first class U.S. mail on July 28, 2015.
s/Karri Sandusky
Karri Sandusky, Acting Case Manager

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