Colston v. Boston Market Corporation et al

Filing 31

ORDER Adopting Report and Recommendation 30 ; pltf's motion for an order directing defts to pay for his medical treatment is denied without prejudice 29 as prematurely filed. Signed by District Judge Nancy G. Edmunds. (CBet)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

MARK COLSTON,
Case No. 17-10076
Plaintiff,
Honorable Nancy G. Edmunds
v.
BOSTON MARKET CORPORATION and
SARAH PRINZI,
Defendants.
/

ORDER ADOPTING THE MAGISTRATE JUDGE’S
JUNE 22, 2017 REPORT AND RECOMMENDATION [30]
In a report and recommendation ("R & R") issued on June 22, 2017, Magistrate Judge
Anthony P. Patti recommends that the Court deny without prejudice Plaintiff's motion for
an order compelling Defendants to pay for his medical treatment. As explained in the R &
R, Plaintiff's motion seeks a portion of the relief requested in Plaintiff's underlying
complaint, but this motion is not supported by evidence that might warrant such a summary
award of relief in Plaintiff's favor at an early stage of this litigation, before the parties have
conducted any discovery.
Neither party has filed objections to the R & R, and the deadline for doing so has
passed. “[T]he failure to object to the magistrate judge’s report[] releases the Court from
its duty to independently review the matter.” Hall v. Rawal, No. 09-10933, 2012 WL
3639070, at *1 (E.D. Mich. Aug. 24, 2012) (citation omitted). Nonetheless, having reviewed
the R & R, Plaintiff's underlying motion, and the remainder of the record, the Court fully

concurs in the Magistrate Judge's analysis, and therefore ACCEPTS and ADOPTS the
Magistrate Judge’s R & R.
Accordingly, it is hereby ordered, for the reasons stated in the R & R, that Plaintiff's
June 19, 2017 motion for an order directing Defendants to pay for his medical treatment
[Dkt. 29] is DENIED WITHOUT PREJUDICE as prematurely filed.
SO ORDERED.

s/Nancy G. Edmunds
Nancy G. Edmunds
United States District Judge
Dated: July 17, 2017
I hereby certify that a copy of the foregoing document was served upon counsel of record
on July 17, 2017, by electronic and/or ordinary mail.
s/Carol J. Bethel
Case Manager

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