Johnson v. Ellison et al

Filing 32

ORDER ADOPTING 30 Report and Recommendation GRANTING 17 Motion to Dismiss, Motion for Summary Judgment filed by Andrew C. Ellison - Signed by District Judge David M. Lawson. (DTof)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
APOLLO D. JOHNSON,
Plaintiff,
v.

Case Number 12-10918
Honorable David M. Lawson
Magistrate Judge Laurie J. Michelson

ANDREW C. ELLISON,
JOHN DOE NOS. 1-4,
OFFICER MILLS,
OFFICER C. SHAW,
OFFICER W. NIERNBERG,
and ARUS JACOBS,
Defendants.
___________________________/
ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND
RECOMMENDATION AND DISMISSING CLAIMS AGAINST
DEFENDANT ANDREW C. ELLISON ONLY
This matter is before the Court on the report issued February 28, 2013 by Magistrate Judge
Laurie J. Michelson pursuant to 28 U.S.C. § 636(b), recommending that the Court grant defendant
Andrew C. Ellison’s motion to dismiss and dismiss all claims against him. Although the report
explicitly stated that the parties to this action may object to and seek review of the recommendation
within fourteen days of service, no objections have been filed thus far. The parties’ failure to file
objections to the report and recommendation waives any further right to appeal. Smith v. Detroit
Fed’n 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 matter.
Thomas v. Arn, 474 U.S. 140, 149 (1985). However, the Court agrees with the findings and
conclusions of the magistrate judge.
Accordingly, it is ORDERED that the magistrate judge’s report and recommendation [dkt.
#30] is ADOPTED.

It is further ORDERED that defendant Andrew C. Ellison’s motion to dismiss [dkt. #17] is
GRANTED.
It is further ORDERED that all claims against defendant Andrew C. Ellison ONLY are
DISMISSED WITH PREJUDICE.
s/David M. Lawson
DAVID M. LAWSON
United States District Judge
Dated: March 19, 2013

PROOF 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 March 19, 2013.
s/Deborah R. Tofil
DEBORAH R. TOFIL

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