Berry v. Midland County Jail et al

Filing 17

ORDER Adopting 11 Report and Recommendation for Dismissing Complaint. Signed by District Judge Sean F. Cox. (JMcC)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION Duane Letroy Berry, Plaintiff, v. Case No. 17-11154 Midland County Jail, et al., Sean F. Cox United States District Court Judge Defendants. ______________________________/ ORDER ADOPTING 9/6/17 REPORT AND RECOMMENDATION Plaintiff, who is incarcerated at the Midland County Jail. Acting pro se, he filed this action on April 10, 2017. The Court referred the matter for pretrial proceedings before Magistrate Judge David Grand (Doc. # 9). On September 6, 2017, Magistrate Judge Grand issued a Report and Recommendation (“R&R”) (Doc. # 11) wherein he recommends that the Court dismiss Plaintiff’s complaint pursuant to 28 U.S.C. § 1915(e). The time for filing objections to the R&R has expired. Plaintiff has filed several documents in the wake of the R&R including a document titled “Judicial Notice” that claims the Court lacks subject matter jurisdiction (Doc. # 12), a petition for a Writ of Assistance (Doc. # 13-14), and a Motion for Contempt (Doc. # 15-16). These documents, even when liberally construed, do not raise objections to the R&R and do not otherwise have merit. The Court hereby ADOPTS the September 6, 2017 R&R and ORDERS that Plaintiff’s complaint is DISMISSED pursuant to 28 U.S.C. § 1915(e). The Court further ORDERS that 1 Plaintiff’s motions for Judicial Notice and Contempt and his petition for a Writ of Assistance are DENIED. IT IS SO ORDERED. Dated: October 26, 2017 s/Sean F. Cox Sean F. Cox U. S. District Judge I hereby certify that on October 26, 2017, the foregoing document was served on counsel of record via electronic means and upon Duane Berry via First Class mail at the address below: Duane Berry 907829 Miland County Jail 105 Fast Ice Drive Midland, MI 48642 s/J. McCoy Case Manager 2

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