Norman v. Cummings et al

Filing 92

ORDER Adopting Report and Recommendation. Signed by District Judge Marianne O Battani. (BThe)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION NORMAN DORISE, Plaintiff, v. Magistrate Judge Michael Hluchaniuk ELLA BULLEA CUMMINGS, et al., Defendants. ____________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION Plaintiff, Norman Dorise, an inmate housed at the Chippewa Correctional Facility, filed a complaint alleging various employees of the City of Detroit violated his constitutional rights. The Court subsequently referred this matter to Magistrate Judge Michael Case No. 09-10042 Hon. Marianne O. Battani

Hluchaniuk for all pretrial proceedings pursuant to 28 U.S.C. § 636(b). On May 11, 2010, the Magistrate Judge recommended that the Court grant Plaintiff's Motion to Dismiss several defendants, including James Fitz, Maurice Getteno, John Mozak, Sheldon Lloyd, Dale Collins, Jo Miller, Melvin Chaney, Michael Jordan, and Ella Cummings from this lawsuit. See Doc. No. 87. Each of these Defendants has filed a motion to

dismiss, which the Magistrate Judge recommended be denied as moot. See Doc. Nos. 77, 78, 83. The Magistrate Judge informed the parties that objections to the R&R must be filed within ten days of service and that a party's failure to file objections would waive any further right of appeal. See R&R at 2; 28 U.S.C. § 636(b)(1) and E.D. Mich. LR 72.1(d)(2).

Because no objection has been filed in this case, the parties waived their right to review and appeal. Accordingly, the Court ADOPTS the Report and Recommendation, GRANTS Plaintiff's motion for voluntary dismissal under Rule 41, and DENIES as moot Defendants' motions to dismiss. IT IS SO ORDERED. s/Marianne O. Battani MARIANNE O. BATTANI UNITED STATES DISTRICT JUDGE DATED: June 4, 2010 CERTIFICATE OF SERVICE Copies of this Order were mailed to Plaintiff and counsel of record on this date by ordinary mail and electronic filing. s/Bernadette M. Thebolt Case Manager

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