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)

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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 2

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