Allen et al v. Osterhout et al
ORDER adopting 50 Report and Recommendation, granting in part 30 , 46 Motions to dismiss, granting 48 Motion to dismiss, and dismissing without prejudice plaintiffs' claims against John Doe defendant. Signed by District Judge David M. Lawson. (DPer)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
CHARMEL ALLEN, and FELICIA
Case Number 15-12867
Honorable David M. Lawson
Magistrate Judge Mona K. Majzoub
KARI OSTERHOUT, MICHAEL MARTIN,
RADWAN MARDINI, MILLICENT
WARREN, ANTHONY STEWART, TELLAS,
BOA , BRAGG, ANSARI, HARGROVE,
LARRY SAUNDERS, and JOHN DOE,
ORDER ADOPTING REPORT AND RECOMMENDATION, GRANTING IN PART
MDOC DEFENDANTS’ MOTIONS TO DISMISS ALLEN AND TO SEVER BASED ON
MISJOINDER OF PARTIES AND CLAIMS, GRANTING THE ARAMARK
DEFENDANTS’ MOTION TO DISMISS, AND DISMISSING WITHOUT PREJUDICE
PLAINTIFFS’ CLAIMS AGAINST THE JOHN DOE DEFENDANT
Presently before the Court is the report issued on January 19, 2017 by Magistrate Judge
Mona K. Majzoub pursuant to 28 U.S.C. § 636(b), recommending that the Court grant in part the
MDOC defendants’ motions to dismiss defendant Charmel Allen and to sever based on misjoinder
of parties and claims, grant the Aramark defendants’ motion to dismiss, dismiss plaintiff Allen’s
claims, and dismiss without prejudice plaintiff Dyer’s claims against the John Doe defendant.
Although the magistrate judge’s report explicitly stated that the parties to this action may object to
and seek review of the recommendation within fourteen days of service of the report, no objections
have been filed thus far. The parties’ failure to file objections to the report and recommendation
waives any further right to appeal. Smith v. Detroit Fed’n of Teachers Local 231, 829 F.2d 1370,
1373 (6th Cir. 1987). Likewise, the failure to object to the magistrate judge’s report releases the
Court from its duty to independently review the matter. Thomas v. Arn, 474 U.S. 140, 149 (1985).
However, the Court agrees with the findings and conclusions of the magistrate judge.
Accordingly, it is ORDERED that the magistrate judge’s report and recommendation [dkt.
#50] is ADOPTED.
It is further ORDERED that the motion to dismiss by defendants Karri Osterhout, Anthony
Stewart, Tellas, Boa, and Bragg [dkt. #30] is GRANTED IN PART. Plaintiff Charmel Allen’s
claims against defendants Karri Osterhout, Anthony Stewart, Tellas, Boa, and Bragg are
DISMISSED. The motion is DENIED in all other respects.
It is further ORDERED that the motion to dismiss by defendants Michael Martin, Radwan
Mardini, Millicent Warren, and Larry Saunders [dkt. #46] is GRANTED IN PART. Plaintiff
Charmel Allen’s claims against defendants Michael Martin, Radwan Mardini, Millicent Warren, and
Larry Saunders are DISMISSED. The motion is DENIED in all other respects.
It is further ORDERED that the motion to dismiss by defendants Ansari and Hargrove [dkt.
#48] is GRANTED. Plaintiff Felicia Marie Dyer’s claims against defendants Ansari and Hargrove
are DISMISSED WITH PREJUDICE. Plaintiff Charmel Allen’s claims against defendants Ansari
and Hargrove are DISMISSED.
It is further ORDERED that the plaintiffs’ claims against defendant John Doe are
DISMISSED WITHOUT PREJUDICE.
s/David M. Lawson
DAVID M. LAWSON
United States District Judge
Dated: February 8, 2017
PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing order was served
upon each attorney or party of record herein by electronic means or first
class U.S. mail on February 8, 2017.
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