Curtis v. St. Clair, County of et al

Filing 60

ORDER Adopting 56 Report and Recommendation and Dismissing 32 Amended Complaint. Signed by District Judge Thomas L. Ludington. (KWin)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
NORTHERN DIVISION
JOSEPH CURTIS,
Plaintiff,
v.

Case No. 17-cv-13775
Honorable Thomas L. Ludington
Magistrate Judge Patricia T. Morris

ST. CLAIR, COUNTY OF, et al,
Defendants.
__________________________________________/
ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING
COMPLAINT
On November 21, 2017, Plaintiff Joseph Curtis filed a pro se complaint alleging that prison
officials displayed deliberate indifference to his serious mental health needs while detained in the
St. Clair County Jail. ECF No. 1. All pretrial matters were referred to Magistrate Judge Patricia T.
Morris. ECF No. 7. Between April 23, 2018, and May 4, 2018, Curtis filed five motions seeking
discovery from various Defendants. ECF Nos. 41, 42, 43, 44, 52. On June 13, 2018, Judge Morris
issued a report recommending that Curtis’s claims be sua sponte dismissed because the amended
complaint, ECF No. 32, fails to state a claim upon which relief can be based. ECF No. 56.
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. 56, is ADOPTED.
It is further ORDERED that Plaintiff Curtis’s motions for discovery, ECF Nos. 41, 42, 43,
44, 52, are DENIED as moot.
It is further ORDERED that Plaintiff Curtis’s second amended complaint, ECF No. 32, is
DISMISSED.

Dated: July 12, 2018

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 July 12, 2018.
s/Kelly Winslow
KELLY WINSLOW, Case Manager

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