Smith v. Corizon Health Corporation et al

Filing 83

ORDER Adopting 67 Report and Recommendation and 68 Report and Recommendation; DENYING AS MOOT, 48 Motion to Dismiss, 46 Motion to Dismiss; {29] Motion to Dismiss and 42 Motion to Dismiss Signed by District Judge Robert H. Cleland. (LWag)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

JOHN SMITH,
Plaintiff,
v.

CASE NO: 18-CV-10010

CORIZON HEALTH CORPORATION
ET AL.,
Defendants.
/

ORDER ADOPTING MAGISTRATE JUDGE’S
REPORT AND RECOMMENDATIONS
This matter is before the Court on the Corizon Defendants’ three Motions to
Dismiss Plaintiff John Smith’s Amended Complaint. (Doc #s 29, 42 & 48) and the State
Defendants’ Motion to Dismiss (Dkt #46). The case 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 reports, the Magistrate Judge recommends that this court deny the Corizon
Defendants’ Motions to Dismiss as moot and without prejudice and deny as moot the
State Defendants’ Motion to Dismiss. 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 Recommendations for purposes of this
Order.
Accordingly, IT IS ORDERED that, for the reasons set forth in the Magistrate
Judge’s Report and Recommendations, the Corizon Defendants’ Motion to Dismiss the

1

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).

Plaintiff’s Amended Complaint, (Dkt #’s 29, 42, & 48) and the State Defendants’ Motion
to Dismiss (Dkt #46) are DENIED as MOOT.

S/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE

Dated: January 14, 2019

I hereby certify that a copy of the foregoing document was mailed to counsel of record
on this date, January 14, 2019, by electronic and/or ordinary mail.

S/Lisa Wagner
Case Manager and Deputy Clerk
[phone]

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