Knox v. Scruggs et al

Filing 35

ORDER Accepting and Adopting 34 Report and Recommendation and Dismissing Action. Signed by District Judge Gershwin A. Drain. (TMcg)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION   RAYMONE S. KNOX, Plaintiff, Case No.: 17-cv-10900 Honorable Gershwin A. Drain v. BRANDON SCRUGGS, et al., Defendants. ___________________________/ ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION [#34] AND DISMISSING ACTION This matter is before the court on Magistrate Judge Stephanie Dawkins Davis’s Report and Recommendation dated October 12, 2018, recommending that the Court grant the Defendants’ Motion to Vacate Order Granting In Forma Pauperis Status and dismiss Plaintiff’s Complaint without prejudice. Neither party has filed objections to the Magistrate Judge’s Report and Recommendation, and the time for filing objections has expired. See 28 U.S.C. § 636(b)(1)(C). Upon review of the parties’ briefing and the Magistrate Judge’s Report and Recommendation, the Court concludes that the Magistrate Judge reached the correct conclusion. Therefore, the Court hereby ACCEPTS and ADOPTS Magistrate Judge Davis’s October 12, 2018 Report and Recommendation [#34] as this Court’s findings of fact and conclusions of law. Defendants’ Motion for Summary Judgment [#28] is GRANTED. This cause of action is DISMISSED without prejudice. SO ORDERED. Dated: November 15, 2018 /s/Gershwin A. Drain GERSHWIN A. DRAIN United States District Judge CERTIFICATE OF SERVICE Copies of this Order were served upon attorneys of record and on Raymone Knox, #46439-039, Cherry Health Services, 8333 Townsend St., Detroit, MI 48213 on November 15, 2018, by electronic and/or ordinary mail. /s/ Teresa McGovern Case Manager  2   

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