Smith v. Corizon Health Corporation et al

Filing 38

ORDER Adopting 24 Report and Recommendation and DENYING AS MOOT 12 Motion to Dismiss, filed by Corizon Health Corporation Signed by District Judge Robert H. Cleland. (LWag)

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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION JOHN SMITH, Plaintiff, v. CASE NO: 18-CV-10010-DT CORIZON HEALTH CORPORATION, ET AL, Defendants. / ORDER ADOPTING MAGISTRATE JUDGE=S REPORT AND RECOMMENDATION This matter was referred to United States Magistrate David R. Grand pursuant to 28 U.S.C. '636(b)(1)(B) and Local Rule 72.1. In his report filed on March 13, 2018, the magistrate judge recommended that this court deny as moot Defendant Corizon Health Inc’s, [Doc #12] Motion to Dismiss pursuant to Fed.R.Civ.P.12(b)(6). No objections have been filed pursuant to 28 U.S.C.' 636(b)(1)(C), thus further appeal rights are waived.1 Having reviewed the file and the report, the court concludes that the findings and conclusions of the magistrate judge are correct and ADOPTS the same for purposes of this Order. Accordingly, IT IS ORDERED that, for the reasons set forth in the Magistrate Judge=s Report and Recommendation, Defendant Corizon Health Inc’s, Motion to Dismiss [Dkt #12] is DENIED AS MOOT WITHOUT PREJUDICE. S/Robert H. Cleland ROBERT H. CLELAND UNITED STATES DISTRICT JUDGE Dated: April 9, 2018 1The 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). I hereby certify that a copy of the foregoing document was mailed to counsel of record and/or pro se parties on this date, April 9, 2018, by electronic and/or ordinary mail. S/Lisa Wagner Case Manager and Deputy Clerk (810) 292-6522

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