Davis v. Malatinsky et al

Filing 18

ORDER and OPINION Adopting the Magistrate Judge's October 10, 2013 Report and Recommendation 17 Granting Defendant's Motion to Dismiss 13 . Signed by District Judge Nancy G. Edmunds. (JCur)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

Richard V. Davis, II,
Case No. 12-13761
Plaintiff,
Honorable Nancy G. Edmunds
v.
William Malatinsky,
Defendant.
/

ORDER AND OPINION ACCEPTING AND ADOPTING THE MAGISTRATE JUDGE’S
OCTOBER 10, 2013 REPORT AND RECOMMENDATION [17]

Before the Court is the magistrate judge’s October 10, 2013 report and
recommendation. (Dkt. 17.) The magistrate judge recommended dismissing Plaintiff’s
complaint with prejudice because the applicable statute of limitations bars Plaintiff’s claim.
(Id.)
The Court is fully advised in the premises and has reviewed the record and the
pleadings. Neither party has filed objections. “[T]he failure to object to the magistrate
judge’s report[] releases the Court from its duty to independently review the matter.” Hall
v. Rawal, 09-10933, 2012 WL 3639070, at *1 (E.D.Mich. Aug. 24, 2012) (citation omitted).
The Court nevertheless agrees with the magistrate judge’s recommendation. The Court
therefore ACCEPTS and ADOPTS the magistrate judge’s report and recommendation.
The Court therefore GRANTS Defendant’s motion to dismiss. (Dkt. 13.)
So ordered.
s/Nancy G. Edmunds
Nancy G. Edmunds
United States District Judge
Dated: November 13, 2013

CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing document was served upon counsel of record
on November 13, 2013, by electronic and/or ordinary mail.
s/Johnetta M. Curry-Williams
Case Manager
Acting in the Absence of Carol Hemeyer

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