Johnson Jones v. Sanders

Filing 27

ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION 26 - Denying as Moot 15 Motion to Dismiss filed by Shaft Sanders AND DISMISSING PLAINTIFF'S COMPLAINT IN ITS ENTIRETY. Signed by District Judge Gerald E Rosen. (RBri)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION LORENZO LEE JOHNSON JONES, Plaintiff, vs. PAROLE AGENT SHAFT SANDERS, Defendant. ________________________________/ ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND DISMISSING PLAINTIFF'S COMPLAINT, IN ITS ENTIRETY At a session of said Court, held in the U.S. Courthouse, Detroit, Michigan on July 22, 2009 PRESENT: Honorable Gerald E. Rosen Chief Judge, United States District Court This matter having come before the Court on the July 6, 2009 Report and Recommendation of United States Magistrate Judge Michael Hluchaniuk, recommending that the Court dismiss Plaintiff's complaint for failure to prosecute and deny Defendant Sanders' motion for summary judgment as moot; and no timely objections to the R&R having been filed; and the Court having reviewed and considered the Magistrate Judge's Report and Recommendations and the Court's entire file of this matter, and having concluded that, for the reasons stated by the Magistrate Judge, Plaintiff's Complaint should be dismissed, in its entirety, and being otherwise fully advised in the premises, NOW, THEREFORE, No. 08-CV-12405-DT Hon. Gerald E. Rosen

IT IS HEREBY ORDERED that the Magistrate Judge's Report and Recommendation of July 6, 2009 [Dkt. # 26] is adopted by the Court. IT IS FURTHER ORDERED that Plaintiff's Complaint is hereby DISMISSED, in its entirety, without prejudice. IT IS FURTHER ORDERED that Defendant's December 8 ,2008 Motion to Dismiss or for Summary Judgment [Dkt. # 15] is DENIED as MOOT.

s/Gerald E. Rosen Chief Judge, United States District Court Dated: July 22, 2009
CERTIFICATE OF SERVICE I hereby certify that on July 22, 2009 , I electronically filed the foregoing paper with the Clerk of the Court using the ECF system which will send notification of such filing to the following: Charles C. Schettler, Jr. and I hereby certify that I have mailed by United States Postal Service the paper to the following non-ECF participants: Lorenzo Lee Johnson Jones, 14747 Liberal, Detroit, MI 48205 . s/Ruth A. Brissaud Ruth A. Brissaud, Case Manager [phone]