Jermano v. Taylor et al

Filing 50

ORDER adopting 48 Report and Recommendation and denying 4 Motion for injunctive relief. Signed by District Judge Avern Cohn. (DPer)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

M. AMELIA (NEAL) JERMANO,
Plaintiff,
Case No. 11-10739
v.
HONORABLE AVERN COHN
TROY TAYLOR, RACHEL MEYERS,
ERC ZARFL, MICHAEL PINKERTON,
ANTHONY CARIGNAN, SHAWN TETLER,
JOHN STANSON, KEITH HERMANS, SK, JIM
ROURKE, CHRIS MARTINELLI, ROB WICKHAM,
JAMES HOCK, SCOTT LA MITZA, EDWIN JULIAN,
DUNCAN, JESSICA COOPER, JOANNE PRAY,
MICHAEL BOUCHARD, SHAWN FORCE,
MELISSA FELICE, PAMELA McCORMICK,
ANNA KELLOG MAGNER, SANDRA JONES-KARIM,
CURTIS FRANCE, DANIELLE KRAUTHOFER,
JULIE GROWE, KEVIN D’ANGELO, ROYAL OAK
POLICE DEPARTMENT, TROY POLICE
DEPARTMENT, COMMON GROUND SANCTUARY,
OAKLAND COUNTY JAIL, JOHN DOE, TIMOTHY
GARCHER, OAK PARK POLICE DEPARTMENT,
YMCA INTERIM HOUSE OF METRO DETROIT, DAVID
CANNON, CHRISTOPHER JAHNKE, MARTIN
KROHNER, DEAN ELDEN, and MICHAEL McCARTHY,
Defendants.
______________________________________________/

ORDER ADOPTING REPORT AND RECOMMENDATION (Doc. 48)
AND
DENYING PLAINTIFF’S MOTION FOR INJUNCTIVE RELIEF (Doc. 4)
I.
This appears to be a civil rights case. Plaintiff is proceeding pro se. The matter
has been referred to a magistrate judge for pretrial proceedings. Plaintiff filed a paper

styled “Emergency Motion Preliminary Injunction And/or Protective Order and Request
or Emergency Hearing.” (Doc. 4). The magistrate judge construed the filing as a motion
for preliminary injunction and issued a report and recommendation (MJRR),
recommending that the motion be denied. (Doc. 48).
II.
Neither party has filed objections to the MJRR and the time for filing objections
has passed. The failure to file objections to the report and recommendation waives any
further right to appeal. Smith v. Detroit Federation of Teachers Local 231, 829 F.2d
1370, 1373 (6th Cir.1987). Likewise, the failure to object to the magistrate judge's
report releases the Court from its duty to independently review the motion. Thomas v.
Arn, 474 U.S. 140, 149 (1985). However, the Court has reviewed the MJRR and agrees
with the magistrate judge. Accordingly, the findings and conclusions of the magistrate
judge are ADOPTED as the findings and conclusions of the Court. Plaintiff’s motion is
DENIED.
SO ORDERED.

Dated: September 27, 2011

S/Avern Cohn
AVERN COHN
UNITED STATES DISTRICT JUDGE

I hereby certify that a copy of the foregoing document was mailed to M Amelia
(Neal) Jermano, P.O. Box 58, Birmingham, MI 48012 and the attorneys of record on
this date, September 27, 2011, by electronic and/or ordinary mail.

S/Julie Owens
Case Manager, [phone]
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