Johnson v. Ellison et al

Filing 41

ORDER Adopting 40 Report and Recommendation, Granting 34 Defendant's Motion to Dismiss, and Dismissing the Complaint. Signed by District Judge David M. Lawson. (SJa)

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

JOHN DOE NOS. 1-4,
OFFICER MILLS,
OFFICER C. SHAW,
OFFICER W. NIERNBERG,
and ARUS JACOBS,
Defendants.
___________________________/
ORDER ADOPTING REPORT AND RECOMMENDATION,
GRANTING DEFENDANTS’ MOTION TO DISMISS AND
DISMISSING THE COMPLAINT
Presently before the Court is the report issued on November 26, 2013 by Magistrate Judge
Mona K. Majzoub pursuant to 28 U.S.C. § 636(b), recommending that the Court grant the
defendants’ motion to dismiss and dismiss the complaint. Although the magistrate judge’s report
explicitly stated that the parties to this action may object to and seek review of the recommendation
within fourteen days of service of the report, 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.
#40] is ADOPTED.

It is further ORDERED that the defendants’ motion to dismiss [dkt. #34] is GRANTED.
It is further ORDERED that the complaint is DISMISSED WITH PREJUDICE.
s/David M. Lawson
DAVID M. LAWSON
United States District Judge
Dated: December 18, 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 December 18, 2013.
s/Shawntel Jackson
SHAWNTEL JACKSON

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