Echols v. Wingate Management, Inc et al

Filing 22

ORDER Adopting 21 Report and Recommendation, Denying 16 Motion to Dismiss, and Dismissing Plaintiff's 1 Complaint. Signed by District Judge Thomas L. Ludington. (Sian, M)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
NORTHERN DIVISION
MARVIN ECHOLS,
Plaintiff,
v.

Case No. 15-cv-11781
Honorable Thomas L. Ludington
Magistrate Judge Patricia T. Morris

WINGATE MANAGEMENT, INC., et al.,
Defendants.
__________________________________________/
ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING
PLAINTIFF’S COMPLAINT
On May 19, 2015, Plaintiff Marvin Echols filed a pro se Complaint alleging that
Defendants1 “willfully violate[d] [his] statutory and other federal civil rights.” Pl.’s Compl. 1,
ECF No. 1. Echols cites a number of federal statutes and cases and makes numerous references
to discrimination on the basis of his race.
On June 16, 2015, Magistrate Judge Patricia T. Morris issued a report recommending that
Plaintiff’s Complaint be dismissed sua sponte as to Defendants Kelly, 74th District Court in Bay
City, and the Michigan State Housing Development Authority “because Plaintiff has failed to
state a claim upon which relief can be granted with respect to those defendants.” Rep. & Rec. 1,
ECF No. 6. Echols did not object to the Report. The Report was adopted and Defendants Kelly,
74th District Court in Bay City, and the Michigan State Housing Development Authority were
dismissed with prejudice.

1

Echols names a number of parties as Defendants in this matter. The list includes: Wingate Management, Inc., d/b/a
Bradley House; Bradley House; Darla Penbroke; Tiffany Wright; Michigan State Housing Development Authority;
Judge Timothy Kelly; and the 74th District Court in Bay City. It is possible that Echols intended to bring suit against
additional parties since he includes “et al.” in his caption in numerous locations. The individuals listed are the only
individuals identified, however.

On September 25, 2015, the remaining Defendants, Darla Penbroke, Tiffany Wright,
Wingate Management, Inc., and Bradley House (“Moving Defendants”) filed a motion to
dismiss. Judge Morris directed Echols to respond to the Moving Defendants’ motion. He did not.
Judge Morris then directed Echols to show cause as to why his case should not be dismissed for
failure to prosecute. Echols once more did not respond.
On March 30, 2016, Judge Morris issued a Report recommending that the Moving
Defendants’ motion be denied as moot and Echols’ case dismissed in its entirety for failure to
prosecute. Echols did not file an objection to the Report.
Although the Magistrate Judge’s report explicitly stated that the parties to this action may
object to and seek review of the recommendations 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. 21, is ADOPTED.
It is further ORDERED that Defendants Bradley House, Wingate Management, Inc.,
Penbroke, and Wright’s Motion to Dismiss, ECF No. 16, is DENIED as moot.
It is further ORDERED that Plaintiff’s Complaint, ECF No. 1, is DISMISSED with
prejudice.
Dated: May 11, 2016

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

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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 May 11, 2016.
s/Michael A. Sian
MICHAEL A. SIAN, Case Manager

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