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)

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

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