Taylor v. Snyder et al

Filing 19

ORDER Adopting 18 Report and Recommendation, Granting 15 Motion to Dismiss in Part, and Dismissing Plaintiff's 1 Complaint in Part. Signed by District Judge Thomas L. Ludington. (KWin)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
NORTHERN DIVISION
JAMES TAYLOR, III,
Plaintiff,
v.

Case No. 16-cv-14445
Honorable Thomas L. Ludington
Magistrate Judge Patricia T. Morris

RICHARD SNYDER, ET AL,
Defendants.
___________________________________/
ORDER ADOPTING REPORT AND RECOMMENDATION, GRANTING MOTION TO
DISMISS IN PART, AND DISMISSING PLAINTIFF’S COMPLAINT IN PART
On December 21, 2016, Plaintiff James Taylor, III, filed a complaint naming Richard
Snyder, the Governor of Michigan, and Kristie Etue, the director of the Michigan State Police, as
Defendants. ECF No. 1. In the complaint, Taylor alleges that Michigan’s sex offender
registration act violates several constitutional provisions. All pretrial matters were referred to
Magistrate Judge Patricia T. Morris. ECF No. 4. On June 15, 2017, Defendants filed a motion to
dismiss, arguing that Taylor filed an unsigned complaint and that Defendants were immune from
damages under the Eleventh Amendment. ECF No. 15. On August 9, 2017, Judge Morris issued
a report recommending that the motion to dismiss be granted in part and that Taylor’s claims for
monetary damages against Defendants in their official capacities be dismissed. ECF No. 18.
Judge Morris first explained that Taylor’s complaint expressly names Defendants only in
their official capacities. As such, the Eleventh Amendment bars his claims for monetary
damages. But Taylor is also seeking injunctive relief, which the Eleventh Amendment does not
bar. Accordingly, some of his claims survive. Second, Judge Morris explained that, despite
Defendants’ argument to the contrary, Taylor plainly signed his complaint. Dismissal on that

ground is thus unwarranted. In short, Judge Morris recommended that Taylor’s claims for
monetary damages be dismissed.
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. Because Taylor’s claims for monetary relief
are barred by the Eleventh Amendment, they will be dismissed.
Accordingly, it is ORDERED that the Magistrate Judge’s report and recommendation,
ECF No. 18, is ADOPTED.
It is further ORDERED that Defendants’ motion to dismiss, ECF No. 15, is GRANTED
in part.
It is further ORDERED that Plaintiff Taylor’s claims for monetary relief, ECF No. 1, are
DISMISSED.

Dated: August 30, 2017

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

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 August 30, 2017.
s/Kelly Winslow
KELLY WINSLOW, Case Manager

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