Gant v. Peterson

Filing 22

ORDER Adopting 19 Report and Recommendation granting 15 Motion to Dismiss filed by Gloria Peterson Signed by District Judge Bernard A. Friedman. (CMul)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION JOSEPH GANT, Plaintiff, Civil Action No. 12-cv-14721 HON. BERNARD A. FRIEDMAN MAG. JUDGE LAURIE J. MICHELSON vs. GLORIA PETERSON, Defendant. _________________________/ MEMORANDUM OPINION AND ORDER This matter is before the Court on Magistrate Judge Laurie J. Michelson’s Report and Recommendation (“R&R”) dated September 5, 2013 [docket entry 19], in which she recommends that the Court grant defendant’s motion to dismiss the complaint [docket entry 15]. Although plaintiff filed a motion denominated as a request for an extension of time to file an objection to the R&R [docket entry 20], the Court will construe the motion as an objection pursuant to Fed. R. Civ. P. 72(b)(2) because plaintiff fully addressed the merits of his position. Having had an opportunity to fully review this matter, the Court finds that the magistrate judge reached the correct conclusions for the proper reasons. While the complaint names Gloria Peterson as the sole party defendant in this matter, it is devoid of any allegations that she participated in the decision to terminate plaintiff more than thirteen years ago. Consequently, plaintiffs claims against defendant are without merit. See Gilmore v. Corr. Corp. of Am., 92 F. App’x 188, 190 (6th Cir. 2004); Frazier v. Michigan, 41 F. App’x 762, 764 (6th Cir. 2002). Accordingly, -1- IT IS ORDERED that Magistrate Judge Laurie J. Michelson’s Report and Recommendation dated September 5, 2013, is hereby accepted and adopted. IT IS FURTHER ORDERED that defendant’s motion to dismiss the complaint is granted. Dated: October 24, 2013 Detroit, Michigan S/Bernard A. Friedman____________ BERNARD A. FRIEDMAN SENIOR UNITED STATES DISTRICT JUDGE -2-

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