Mccormick v. Does et al

Filing 18

ORDER Adopting Magistrate Judge's 12 Report and Recommendation to Deny Plaintiff's 5 Motion for Summary Judgment as Moot. Signed by District Judge Robert H. Cleland. (Loury, R)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
ROOSEVELT MCCORMICK,
Plaintiff,
v.

CASE NO: 13-CV-11098

JANE DOES, et. al.,
Defendants.

/

ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION TO
DENY PLAINTIFF’S [5] MOTION FOR SUMMARY JUDGMENT AS MOOT
On June 28, 2013, Magistrate Judge David R. Grand issued a Report and
Recommendation in the above-captioned matter recommending that the court deny Plaintiff
Roosevelt McCormick’s motion for summary judgment as moot. No objections have been
filed pursuant to 28 U.S.C.§ 636(b)(1)(C), thus further appeal rights are waived.1
Having reviewed the file and the Report, the court concludes that the findings and
conclusions of the Magistrate Judge are correct and ADOPTS the same for purposes of this
Order.
Accordingly, IT IS ORDERED that, for the reasons set forth in the Magistrate Judge’s
Report and Recommendation, the Plaintiff’s Motion for Summary Judgment [5] is DENIED as
moot.

DATED: August 2, 2013

s/ Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE

I hereby certify that a copy of the foregoing document was mailed to counsel of record on
this date, August 2, 2013, by electronic and/or ordinary mail.
s/ Richard Loury for Lisa Wagner
Case Manager and Deputy Clerk
[phone]

1

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).