Berry v. Ottawa County Jail

Filing 8

ORDER Adopting 7 Report and Recommendation and Dismissing Plaintiff's 1 Complaint. Signed by District Judge Thomas L. Ludington. (Sian, M)

Download PDF
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN NORTHERN DIVISION TIMOTHY ARTHUR BERRY, Plaintiff, v. Case No. 16-cv-10177 Honorable Thomas L. Ludington Magistrate Judge Patricia T. Morris OTTAWA COUNTY JAIL, Defendant. __________________________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING PLAINTIFF’S COMPLAINT On January 19, 2016, Plaintiff Timothy Arthur Berry filed a complaint against the Ottawa County Jail. In the complaint Berry claims that Trese violated a series of his constitutional rights including his Seventh, Fifth, First, and Fourteenth Amendment rights. Berry also applied for permission to proceed in forma pauperis. Berry’s case was referred to Magistrate Judge Patricia T. Morris for general case management. On February 12, 2016, Judge Morris issued a report recommending Berry’s complaint be dismissed for failing to state a claim on which relief may be granted. See Rep. & Rec. 5–7, ECF No. 7 Judge Morris explained that Berry’s claims are properly brought under 42 U.S.C. § 1983, but must be dismissed because the Ottawa County Jail is not a “person” for purposes of that section. Thus, Judge Morris concluded, Berry’s complaint is meritless and does not state a claim under 42 U.S.C. § 1983. Although the Magistrate Judge’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 Defendant 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. 7, is ADOPTED. It is further ORDERED that Plaintiff Timothy Berry’s Complaint, ECF No. 1, is DISMISSED with prejudice. s/Thomas L. Ludington THOMAS L. LUDINGTON United States District Judge Dated: March 8, 2016 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 March 8, 2016. s/Michael A. Sian MICHAEL A. SIAN, Case Manager -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?