Hagopian v. Smith et al

Filing 143

ORDER accepting Report and Recommendation 138 and denying as moot Defendants' 7/1/09 Motion for Summary Judgment 119 and 9/18/09 Motion to Dismiss 127 . Signed by District Judge George Caram Steeh. (MBea)

Download PDF
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION MARTIN HAGOPIAN, Plaintiff, vs. DAVID SMITH, et al., Defendants. _____________________________/ ORDER ACCEPTING REPORT AND RECOMMENDATION (# 138) AND DENYING AS MOOT DEFENDANTS' JULY 1, 2009 MOTION FOR SUMMARY JUDGMENT (# 119) AND SEPTEMBER 18, 2009 MOTION TO DISMISS (# 127) Magistrate Judge Mona Majzoub issued a Report and Recommendation on December 17, 2009 recommending that the court deny as moot defendants' July 1, 2009 motion for summary judgment and September 18, 2009 motion to dismiss for failure to pr os ec ut e. Magistrate Judge Majzoub ruled that the motions are moot in light of Case No. 05-CV-74025 HON. GEORGE CARAM STEEH defendants' November 25, 2009 amended motion to dismiss or for summary judgment. "A judge of the court shall make a de novo determination of those portions of [a] report or specified proposed findings or recommendations to which objection is made." 28 U.S.C. § 636 (b)(1). Objections must be filed within 14 days after service of a Report and Recommendation. Fed. R. Civ. P. 72(b)(2). "A judge of the court may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. § 636 (b)(1). A party's failure to object waives further judicial review. Thomas v. Arn, 474 U.S. 140, 149-155 (1985); Thomas v. Halter, 131 F.Supp.2d 942, 944 (E.D. Mich. 2001); 28 U.S.C. § 636(b)(1). No party has filed timely objections. Accordingly, The court hereby ACCEPTS the December 17, 2009 Report and Recommendation. Defendants' July 1, 2009 motion for summary judgment and September 18, 2009 motion to dismiss are hereby DENIED as MOOT. SO ORDERED. Dated: January 12, 2010 s/George Caram Steeh GEORGE CARAM STEEH UNITED STATES DISTRICT JUDGE CERTIFICATE OF SERVICE Copies of this Order were served upon attorneys of record on January 12, 2010, by electronic and/or ordinary mail. s/Marcia Beauchemin Deputy Clerk 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?