Jackson v. Schultz et al

Filing 10

ORDER adopting 9 Report and Recommendation dismissing claims against defendants E. Schultz, Heidi E. Washington, and Joseph Barrett, only, directing plaintiff to complete service documents and directing service by the United States Marshal. Signed by District Judge David M. Lawson. (DPer)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
DARRICK JACKSON,
Plaintiff,

Case Number 18-11140
Honorable David M. Lawson
Magistrate Judge Stephanie Dawkins Davis

v.
E. SCHULTZ, HEIDI E. WASHINGTON,
JOSEPH BARRETT, JEFF RICE, and
FUQUA,
Defendants.
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ORDER ADOPTING REPORT AND RECOMMENDATION, DISMISSING
CLAIMS AGAINST DEFENDANTS E. SCHULTZ, HEIDI E. WASHINGTON, AND
JOSEPH BARRETT ONLY, DIRECTING PLAINTIFF TO COMPLETE SERVICE
DOCUMENTS, AND DIRECTING SERVICE BY UNITED STATES MARSHAL
Presently before the Court is the report issued on November 27, 2018 by Magistrate Judge
Stephanie Dawkins Davis pursuant to 28 U.S.C. § 636(b), recommending that the Court dismiss
the claims against defendants E. Schultz, Heidi E. Washington, and Joseph Barrett because the
plaintiff has failed to allege sufficient facts to show that they personally were involved in any
violation of his rights. Although the report stated that the parties to this action could object to and
seek review of the recommendation within fourteen days of service of the report, no objections
have been filed thus far. The parties’ failure to file objections to the report and recommendation
waives any further right to appeal. Smith v. Detroit Fed’n of Teachers Local 231, 829 F.2d 1370,
1373 (6th Cir. 1987). Likewise, the failure to object to the magistrate judge’s report releases the
Court from its duty to independently review the matter. Thomas v. Arn, 474 U.S. 140, 149 (1985).
However, the Court agrees with the findings and conclusions of the magistrate judge.

Accordingly, it is ORDERED that the report and recommendation (ECF No. 9) is
ADOPTED, and all of the plaintiff’s claims against defendants E. Schultz, Heidi E. Washington,
and Joseph Barrett ONLY are DISMISSED WITH PREJUDICE.
It is further ORDERED that, on or before February 4, 2019, the plaintiff must complete
and present to the Clerk of Court each of the following with respect to defendants Jeff Rice and
Fuqua: (a) one copy of the complaint for each defendant; (b) two USM 285 forms for each
defendant; and (c) three summonses for each defendant. Blank copies of the USM 285 form and
summons are available for download on the Court’s website.
It is further ORDERED that, upon receipt of the completed documents listed above, the
Clerk of Court shall process the case for service by the U.S. Marshal, and the Marshal shall serve
a copy of the complaint, summons, and this order upon each defendant without prepayment of the
usual costs for such service.
s/David M. Lawson
DAVID M. LAWSON
United States District Judge
Date: January 9, 2019
PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing order was
served upon each attorney or party of record herein by
electronic means or first class U.S. mail on January 9, 2019.
s/Susan K. Pinkowski
SUSAN K. PINKOWSKI

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