Noel v. Guerrero et al

Filing 87

OPINION AND ORDER granting 16 Motion to Dismiss. Signed by District Judge Patrick J. Duggan. (MOre)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

ROBERT NOEL,
Plaintiff,
Case No. 10-13355
v.
Honorable Patrick J. Duggan
CARRIE GUERRERO, Detective, et al.,
Defendants.
/
OPINION AND ORDER
At a session of said Court, held in the U.S.
District Courthouse, Eastern District
of Michigan, on_July 6, 2011.
PRESENT:

THE HONORABLE PATRICK J. DUGGAN
U.S. DISTRICT COURT JUDGE

On August 24, 2010, Robert Noel (“Plaintiff”) filed this pro se civil rights action
pursuant to 42 U.S.C. § 1983, alleging that detectives assigned to the Bay Area Narcotics
Enforcement Team conspired to fabricate stories regarding drug purchases, and these
stories led to Plaintiff’s arrest, prosecution, and conviction. On November 22, 2010,
Defendant City of Saginaw filed a motion to dismiss the claims against it pursuant to
Federal Rule of Civil Procedure 12(b)(6). This Court referred the motion to Magistrate
Judge Charles E. Binder.
On March 16, 2011, Magistrate Judge Binder filed his Report and Recommendation
(R&R), recommending that this Court grant the City of Saginaw’s motion to dismiss. At

the conclusion of the R&R, Magistrate Judge Binder advises the parties that they may
object and seek review of the R&R within fourteen days of service upon them. R&R 6.
He further advises that “[f]ailure to file specific objections constitutes a waiver of any
further right of appeal.” Id. (citing Thomas v. Arn, 474 U.S. 140, 106 S. Ct. 466 (1985);
Howard v. Sec’y of Health & Human Servs., 932 F.2d 505 (6th Cir. 1991); United States v.
Walters, 638 F.2d 947 (6th Cir. 1981)). No objections to the R&R have been filed.
The Court has carefully reviewed the R&R and concurs with the conclusions reached
by Magistrate Judge Binder.
Accordingly,
IT IS ORDERED that the City of Saginaw’s Motion to Dismiss is GRANTED.
s/PATRICK J. DUGGAN
UNITED STATES DISTRICT JUDGE
Copies to:
Jamie H. Nisidis, Esq.
Magistrate Judge Charles E. Binder
Robert Noel, 42345-039
FCI Elkton
Federal Correctional Institution
P.O. Box 10
Lisbon, OH 44432

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