Green v. Grand Trunk Western Railroad Inc.

Filing 60

ORDER Adopting 58 Report and Recommendation and dismissing case Signed by District Judge Paul D. Borman. (DTof)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JAMES GREEN,
Plaintiff,

Case No. 16-11587
Paul D. Borman
United States District Judge

v.
GRAND TRUNK WESTERN
RAILROAD, INC.,

Mona K. Majzoub
United States Magistrate Judge

Defendant.
______________________________/
ORDER:
1) ADOPTING THE MAGISTRATE JUDGE’S REPORT AND
RECOMMENDATION (ECF NO. 58);
2) DISMISSING CASE PURSUANT TO FEDERAL RULE OF CIVIL
PROCEDURE 25(A)(1)
On June 20, 2018, Magistrate Judge Mona K. Majzoub issued a Report and
Recommendation (ECF No. 58) recommending that this Court dismiss this action
in light of the death of pro se Plaintiff James Green on September 17, 2017. As the
Magistrate Judge noted in the Report and Recommendation, on March 20, 2018,
Defendant Grand Trunk Western Railroad, Inc. filed a suggestion of death pursuant
to Federal Rule of Civil Procedure 25 (ECF No. 56), and mailed a copy of the
filing to Plaintiff’s last known address, which was the same address as the
expected administrator of Plaintiff’s estate. Because no motion to substitute was
filed within 90 days of the filing and service of the suggestion of death, the

Magistrate Judge recommended that this action be dismissed under Rule 25(a)(1).
Having thoroughly reviewed the Report and Recommendation and there
being no timely objections filed pursuant to 28 U.S.C. § 636(b)(1) and E.D. Mich
L.R. 72.1(d), the Court will adopt the Magistrate Judge’s Report and
Recommendation.
Accordingly, the Court hereby:
- ADOPTS

the

Magistrate

Judge’s

June

20,

2018

Report

and

Recommendation (ECF No. 58); and
- DISMISSES this case pursuant to Federal Rule of Civil Procedure 25(a)(1).
IT IS SO ORDERED.

Dated: July 9, 2018

s/Paul D. Borman
Paul D. Borman
United States District Judge

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