Kennedy v. Curtis et al

Filing 41

ORDER Adopting 40 Report and Recommendation and Denying 38 Motion to Dismiss filed by Johnny Kennedy. Signed by District Judge Arthur J Tarnow. (NHol)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION JOHNNY KENNEDY, Case No. 08-10267 Plaintiff, v. BRUCE L. CURTIS, et al., Defendants. / DISTRICT JUDGE ARTHUR J. TARNOW MAGISTRATE JUDGE DONALD A. SCHEER

ORDER ADOPTING THE MAGISTRATE'S REPORT AND RECOMMENDATION [40] and DENYING PLAINTIFF'S MOTION TO DISMISS WITHOUT PREJUDICE [38] Before the Court is the Magistrate Judge's Report and Recommendation [40], filed on May 24, 2010, regarding Plaintiff's Motion to Dismiss Without Prejudice [38]. The Magistrate Judge recommended that Plaintiff's Motion be denied, and the parties have filed no objections to the Report and Recommendation. There having been no objections, and the Court being fully advised in the premises, IT IS ORDERED that the Report and Recommendation [40] is ADOPTED. Accordingly, Plaintiff's Motion to Dismiss Without Prejudice [38] is DENIED. SO ORDERED.

S/ARTHUR J. TARNOW Arthur J. Tarnow United States District Judge Dated: June 24, 2010

I hereby certify that a copy of the foregoing document was served upon counsel of record and Johnny Kennedy # 139041 COOPER STREET CORRECTIONAL FACILITY 3100 COOPER STREET JACKSON, MI 49201 on June 24, 2010, by electronic and/or ordinary mail. S/LISA M. WARE Case Manager

2