Jezowski et al v. Arenac, County of et al

Filing 43

ORDER Adopting 42 Report and Recommendation, Granting Defendants' 32 , 33 Motions for Summary Judgment, and Dismissing 1 Complaint. Signed by District Judge Thomas L. Ludington. (KWin)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
NORTHERN DIVISION

THEODORE JEZOWSKI, SR.,
And STEPHANIE JEZOWSKI
Plaintiffs,
v.

Case No. 16-cv-13242
Honorable Thomas L. Ludington
Magistrate Judge Patricia T. Morris

TINA THOMPSON,
and RANDY SCHABEL
Defendants.
_________________________________/

ORDER ADOPTING REPORT AND RECOMMENDATION, GRANTING
DEFENDANTS’ MOTIONS FOR SUMMARY JUDGMENT, AND DISMISSING
COMPLAINT

On September 8, 2016, Plaintiffs Theodore Jezowski, Sr. and Stephanie Jezowski
(“Plaintiffs”) filed the instant action for damages under 42 U.S.C. §§ 1983 and 1985(3) against
Defendants County of Arenac, Tina Thompson, Arenac County Department of Health and
Human Services, Josett Gracey, Matt Engster, Kim Bejcek, Deb Bonnau, Brian Millikin, Steve
Yager, Orlene Hawks, Tobin Miller, Arenac County Sheriff Department, Randy Schabel, Ryan
Schmidt, and Does #1-50, inclusive. (ECF No. 1). Because Plaintiffs proceeded in forma
pauperis, the complaint was subject to screening under 28 U.S.C. § 1915(e)(2)(B), which
requires dismissal to the extent an action sets forth frivolous or malicious claims, fails to state a
claim upon which relief can be granted, or seeks monetary relief against a defendant immune
from such relief. On May 15, 2017, Magistrate Judge Patricia T. Morris issued a Report and

Recommendation (“R. & R.”) urging this Court to dismiss the Complaint except to the extent it
asserted claims against Defendants Randy Schabel and Tina Thompson (“Defendants”) in their
individual capacities, (ECF No. 26), and on June 13, 2017, this Court issued an Order adopting
the R. & R. Thereafter, Defendants filed the instant Motions To Dismiss or in the alternative for
Summary Judgment, (ECF No. 32), and for Summary Judgment, (ECF No. 33), to which
Plaintiff’s responded, (ECF No. 37). Defendants replied to Plaintiffs’ Response on March 21,
2018. (ECF Nos. 38-39). On May 18, 2018, Judge Morris issued a report, recommending that the
Court grant Defendant Schabel’s Motion To Dismiss or, in the alternative, for Summary
Judgment, (ECF No. 32), grant Defendant Thompson’s Motion for Summary Judgment, (ECF
No. 33), and dismiss the complaint.
Although the magistrate judge’s report explicitly states that the parties to this action
could object to and seek review of the recommendation within fourteen days of service of the
report, neither party has 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 Judge Morris’s report and recommendation, (ECF No.
42), is ADOPTED.
It is further ORDERED that Defendant Schabel’s Motion To Dismiss or, in the
alternative, for Summary Judgment, (ECF No. 32), is GRANTED.
It is further ORDERED that Defendant Thompson’s Motion for Summary Judgment,

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(ECF No. 33), is GRANTED.
It is further ORDERED that the complaint, (ECF No. 1), is DISMISSED.

s/Thomas L. Ludington
THOMAS L. LUDINGTON
United States District Judge
Dated: June 20, 2018

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 June 20, 2018.
s/Kelly Winslow
KELLY WINSLOW, Case Manager

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