Bonner v. Prison Transportation Services Corporation et al

Filing 69

ORDER ADOPTING 68 Report and Recommendation, TERMINATING as MOOT 64 Motion to Dismiss filed by Prison Transportation Services Corporation and Dismissing the Complaint with Prejudice Signed by District Judge Robert H. Cleland. (LWag)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
BRIAN BONNER,
Plaintiff,
v.
CASE NO: 17-CV-11571
PRISON TRANSPORTATION
SERVICES, INC AND JOHN DOE
Defendants.
/
ORDER ADOPTING MAGISTRATE JUDGE’S REPORT
AND RECOMMENDATION
This matter was referred to United States Magistrate Stephanie Dawkins Davis
pursuant to 28 U.S.C. §636(b)(1)(B) and Local Rule 72.1. In her report filed on August 27,
2019, the magistrate judge recommended that this court dismiss plaintiff’s complaint with
prejudice under Federal Rule of Civil Procedure 41(b) and the defendant Prison
Transportation Services’ motion to dismiss be denied or terminated as moot. No objections
have been filed pursuant to 28 U.S.C.§ 636(b)(1)(C), thus further appeal rights are waived.1
The court ADOPTS the Report and Recommendation for purposes of this Order.
Accordingly, IT IS ORDERED that, for the reasons set forth in the Magistrate Judge’s
“Report and Recommendation”, Defendant Prison Transportation Services’ Motion to Dismiss
[#64] is TERMINATED AS MOOT and Plaintiff’s complaint is DISMISSED WITH
PREJUDICE under Federal Rule of Civil Procedure 41(b).
S/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
The failure to object to the magistrate judge’s report releases the court from its duty to
independently review the motion. Thomas v. Arn, 474 U.S. 140, 149 (1985).
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Dated: September 20, 2019

I hereby certify that a copy of the foregoing document was mailed to counsel of record and/or
pro se parties on this date, September 20, 2019, by electronic and/or ordinary mail.
S/Lisa Wagner
Case Manager and Deputy Clerk
[phone]
.

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