Carter v. Weidman et al

Filing 66

OPINION and ORDER, Davis terminated. Signed by District Judge Patrick J Duggan. (MOre)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION JOEL CARTER, Plaintiff, Case No. 08-11862 v. Honorable Patrick J. Duggan WEIDMAN, MEYHOFER, SMITH, TIPTON, BABCOCK, R. HUGHES, BONNON, D. HUGHES, DAVIS, WINN, ALEXANDER, STEVESON, BIRKETT, TIM BLAIN, ANDY CHARBONNEAU, STEVE BELLOWS, STACY KOCOT, and RICHARD COLAMARINO, Defendants. / OPINION AND ORDER At a session of said Court, held in the U.S. District Courthouse, Eastern District of Michigan, on June 22, 2009. PRESENT: THE HONORABLE PATRICK J. DUGGAN U.S. DISTRICT COURT JUDGE

Joel Carter ("Plaintiff"), a state prisoner, filed this civil action against defendants pursuant to 42 U.S.C. § 1983 on May 1, 2008. In his complaint, Plaintiff alleges that defendants--correctional officers and other employees of the Michigan Department of Corrections--violated his constitutional right to be free from cruel and unusual punishment and excessive force, denied him a protected liberty interest without due process of law, conducted an illegal search, committed an assault and battery under Michigan law, and

engaged in a conspiracy to deny him his constitutional rights.1 On September 8, 2008, this Court referred all pre-trial matters in this case to Magistrate Judge Mona K. Majzoub. On March 30, 2009, Magistrate Judge Majzoub ordered Plaintiff to provide further identifying information--specifically the full name--of Defendant Davis by April 20, 2009. U.S. Marshals had attempted service on Davis but discovered that there were multiple correctional officers with that surname. Plaintiff failed to respond to the order and the 120day time limit for service has expired. See Fed. R. Civ. P. 4(m). On May 28, 2009, Magistrate Judge Majzoub issued a Report and Recommendation (R&R) recommending that this Court dismiss Defendant Davis from the lawsuit without prejudice. At the conclusion of the R&R, Magistrate Judge Majzoub advises the parties that they may object to and seek review of the R&R within ten days of service upon them. (R&R at 2.) She further specifically advises the parties that "[f]ailure to file specific objections constitutes a waiver of any further right of appeal." ( Id.) Neither party filed objections to the R&R. The Court has carefully reviewed the R&R and concurs with the conclusions reached by Magistrate Judge Majzoub. Accordingly, IT IS ORDERED that Defendant Davis is DISMISSED WITHOUT PREJUDICE.

Pursuant to this Court's prior Opinion and Order dated May 4, 2009, Defendants Weidman, Smith, Tipton, Babcock, R. Hughes, Bonnon, D. Hughes, Alexander, and Birkett have been dismissed from the case. 2

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s/PATRICK J. DUGGAN UNITED STATES DISTRICT JUDGE Copies to: Joel Carter #410324 Marquette Branch Prison 1960 U.S. Hwy 41 South Marquette, Michigan 49855
Clifton Schneider, Esq.

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