Davis v. Birkett et al

Filing 23

ORDER Adopting Report and Recommendation, Granting 16 Motion for Summary Judgment, filed by D.J. Edwards, C Johnson, Balcarcel, Masar, J Parks and Dismissing Remaining Defendants re 19 Report and Recommendation. Signed by District Judge Sean F. Cox. (JMcC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

George Davis,
Plaintiff,
v.

Case No. 13-11780
Honorable Sean F. Cox

Tom Birkett, et al.,
Defendants.
______________________________/
ORDER
ACCEPTING AND ADOPTING REPORT & RECOMMENDATION
Plaintiff filed this pro se civil rights action, pursuant to 42 U.S.C. § 1983, asserting
claims against multiple defendants. Plaintiff filed a motion to proceed in forma pauperis, which
was granted on June 12, 2013. Thereafter, the matter was referred to Magistrate Judge Mona
Majzoub for all pretrial proceedings.
On August 20, 2013, Defendants Erick Balcarcel, Cynthia Johnson, Joel Parks, Jason
Masar, and Dana Edwards filed a Motion for Summary Judgment. Plaintiff did not file any
response to the motion, even after Magistrate Judge Majzoub ordered Plaintiff to respond to the
motion.
In a Report and Recommendation (“R&R”) filed on February 4, 2014, Magistrate Judge
Majzoub recommends that the pending Motion for Summary Judgment be granted. She further
recommends that Plaintiff’s claims against the remaining Defendants be dismissed, pursuant to
28 U.S.C. §§ 1915(e)(2) and 1915A.

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Pursuant to FED. R. CIV. P. 72(b), a party objecting to the recommended disposition of a
matter by a Magistrate Judge must filed objections to the R&R within fourteen (14) days after
being served with a copy of the R&R. “The district judge to whom the case is assigned shall
make a de novo determination upon the record, or after additional evidence, of any portion of the
magistrate judge’s disposition to which specific written objection has been made.” Id.
The time for filing objections to the R&R has expired and the docket reflects that no
party has filed objections to the R&R.
The Court hereby ADOPTS the February 4, 2014 R&R. IT IS ORDERED that the
pending Motion for Summary Judgment is GRANTED and Plaintiff’s claims against Defendants
Balcarcel, Johnson, Parks, Masar, and Edwards are DISMISSED WITH PREJUDICE.
IT IS FURTHER ORDERED that, pursuant to 28 U.S.C. §§ 1915(e)(2) and 1915A,
Plaintiff’s claims against the remaining Defendants (Defendants Birkett, Kohlof, and Merry) are
DISMISSED WITH PREJUDICE.
IT IS SO ORDERED.
S/Sean F. Cox
Sean F. Cox
United States District Judge
Dated: February 26, 2014
I hereby certify that a copy of the foregoing document was served upon counsel of record on
February 26, 2014, by electronic and/or ordinary mail.
S/Jennifer McCoy
Case Manager

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