Emery v. Burtch

Filing 19

ORDER Accepting and Adopting Report and Recommendation 15 . Signed by District Judge Sean F. Cox. (KWin)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
Neil Emergy, et al.,
Plaintiffs,
v.

Case No. 15-11113

Joseph R. Burtch, M.D.,

Sean F. Cox
United States District Court Judge

Defendant.
______________________________/
ORDER
ACCEPTING AND ADOPTING
10/26/15 REPORT & RECOMMENDATION
This prisoner civil rights action is currently before the Court on an October 26, 2015
Report and Recommendation from Magistrate Judge David R. Grand (“the R&R”). (Docket
Entry No. 15). In the R&R, Magistrate Judge Grand recommends that this Court deny
Defendant Burtch’s Motion to Dismiss (Docket Entry No. 9) without prejudice.
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.
No party has filed objections to the R&R and the time permitted for doing so has now
passed.

1

The Court hereby ADOPTS the October 26, 2015 Report and Recommendation. IT IS
ORDERED that Defendant Burtch’s Motion to Dismiss (Docket Entry No. 9) is DENIED
WITHOUT PREJUDICE.

IT IS SO ORDERED.
S/Sean F. Cox
Sean F. Cox
United States District Judge
Dated: November 24, 2015
I hereby certify that a copy of the foregoing document was served upon counsel of record on
November 24, 2015, by electronic and/or ordinary mail.
S/Kelly Winslow for Jennifer McCoy
Case Manager Generalist

2