Roberts v. Page et al

Filing 44

ORDER Adopting 42 Report and Recommendation; Dismissing Remaining Defendants and Closing Case. Signed by District Judge Paul D. Borman. (DTof)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
HAROLD ROBERTS (#96167),
Plaintiff,
Case No. 10-cv-13743
v.
Paul D. Borman
United States District Judge
BERNARD PAIGE, DR. D. MORRIS,
MS. CHAPMAN, MR. JUSTICE,
GLENN WILSON and WILLIAM EPLING

Paul J. Komives
United States Magistrate Judge

Defendants.
_____________________________/
ORDER (1) ADOPTING MAGISTRATE JUDGE’S SEPTEMBER 12, 2013 REPORT
AND RECOMMENDATION REGARDING DEFENDANTS MORRIS, CHAPMAN AND
JUSTICE (Dkt. 42); (2) DISMISSING DEFENDANTS MORRIS, CHAPMAN AND
JUSTICE FOR PLAINTIFF’S FAILURE TO PROSECUTE; AND (3) CLOSING THE
CASE SINCE DEFENDANTS PAIGE, WILSON AND EPLING WERE PREVIOUSLY
DISMISSED BY THIS COURT’S ORDER OF SEPTEMBER 27, 2013 (Dkt. 43)
Before the Court is Magistrate Judge Paul J. Komives’ Report and Recommendation
regarding Defendants Morris, Chapman and Justice. (Dkt. 42). The Report and
Recommendation sets forth that Defendants Morris, Chapman and Justice have not appeared and
have not been served in this action. Further, the Report and Recommendation describes the
numerous attempts the Court has made to ascertain Defendant Morris, Chapman and Justice’s
contact information. (Dkt. 42, at 3-5). Finally, the Court notes that Magistrate Judge Komives
ordered Plaintiff to fully identify and provide correct addresses for Defendants Morris, Chapman
and Justice on November 8, 2012. (Dkt. 39). Plaintiff failed to respond to this order and never
identified or supplied the Defendants’ correct addresses. As a result of these facts, Magistrate
Judge Komives’ recommends dismissing Defendants Morris, Chapman, and Justice for
Plaintiff’s failure to prosecute.

Having reviewed that Report and Recommendation, and there being no timely objections
from any party under 28 U.S.C. § 636(b)(1) and E.D. Mich L.R. 72.1(d), the Court:
(1) ADOPTS the Magistrate Judge’s Report and Recommendation;
(2) DISMISSES Defendants Morris, Chapman and Justice for Plaintiff’s failure to
prosecute; and
(3) CLOSES the case since Defendants Paige, Wilson, and Epling were previously
dismissed by this Court’s Order of September 27, 2013.
IT IS SO ORDERED.

s/Paul D. Borman
PAUL D. BORMAN
UNITED STATES DISTRICT JUDGE

Dated: January 10, 2014

CERTIFICATE OF SERVICE
The undersigned certifies that a copy of the foregoing order was served upon each attorney or
party of record herein by electronic means or first class U.S. mail on January 10, 2014.

s/Deborah Tofil
Case Manager

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