Witcher v. Michigan Department of Corrections et al

Filing 28

ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING CASE Signed by District Judge Marianne O. Battani. (KDoa)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
TELIFERRO WITCHER,
Plaintiff,

CASE NO. 13-13844
HON. MARIANNE O. BATTANI

v.
MICHIGAN DEPARTMENT OF CORRECTIONS,
et al.,
Defendants.
/

ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING CASE
On December 15, 2014, Plaintiff filed a Notice of Voluntary Dismissal Pursuant to
Fed. R. Civ. P. 41(a)(1)(A)(i). (Doc. No. 26). The case had been referred to Magistrate
Judge R. Steven Whalen for all pretrial proceedings. (Doc. No. 19).
The Magistrate Judge construed the Notice as a motion for voluntary dismissal,
and in his Report and Recommendation, dated January 7, 2015, he recommended that
the motion be granted and that the Plaintiff’s pro se complaint be dismissed without
prejudice. Magistrate Judge Whalen informed the parties that objections to the Report
and Recommendation had to be filed within fourteen days of service and that a failure to
file an objection constituted a waiver of any further right to appeal.
Neither party filed an objection. Consequently, the parties waive their right to de
novo review and appeal.

Therefore, the Court ADOPTS the analysis GRANTS the motion and DISMISSES
Plaintiff’s complaint without prejudice.

IT IS SO ORDERED.

Date: February 17, 2015

s/Marianne O. Battani
MARIANNE O. BATTANI
United States District Judge

CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing Order was served upon counsel of record via the Court's ECF System to their respective
email addresses or First Class U.S. mail to the non-ECF participants on February 17, 2015.
s/ Kay Doaks
Case Manager

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