Sourander v. Hanft et al

Filing 26

ORDER Accepting and Adopting 24 Report and Recommendation and Denying Defendants' 12 Motion to Dismiss. Signed by District Judge Gershwin A. Drain. (TMcg)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

PATRICK ALAN SOURANDER,
Case No. 18-cv-11162

Plaintiff,

UNITED STATES DISTRICT COURT JUDGE
GERSHWIN A. DRAIN

v.
SHERIFF HOWARD HANFT, ET AL.,

UNITED STATES MAGISTRATE JUDGE
R. STEVEN WHALEN

Defendants.
/

ORDER ACCEPTING AND ADOPTING REPORT AND
RECOMMENDATION [#24] AND DENYING DEFENDANTS’ MOTION TO
DISMISS [#12]
This matter is before the Court on Defendants’ Motion to Dismiss pursuant
to Federal Rule of Civil Procedure 41(b) for Plaintiff’s alleged failure to prosecute.
Dkt. No. 12. The Court referred this matter to Magistrate Judge R. Steven Whalen,
who issued a Report and Recommendation on October 29, 2018, recommending
that the Court deny Defendants’ Motion to Dismiss. Dkt. No. 24. Neither party
has filed an objection to the Magistrate Judge’s Report and Recommendation, and
the time for filing objections has expired. See 28 U.S.C. § 636(b)(1)(C) (“Within
fourteen days after being served with a copy, any party may serve and file written
objections to such proposed findings and recommendations as provided by rules of
the court.”). Upon review of the parties’ briefs and the Magistrate Judge’s Report

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and Recommendation, the Court concludes that the Magistrate reached the correct
conclusion.
Accordingly, the Court ACCEPTS and ADOPTS Magistrate Judge
Whalen’s October 29, 2018 Report and Recommendation [#24] as this Court’s
findings of fact and conclusions of law. Defendants’ Motion to Dismiss [#12] is
hereby DENIED.
IT IS SO ORDERED.

Dated:

November 16, 2018
s/Gershwin A. Drain
HON. GERSHWIN A. DRAIN
United States District Court Judge

CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing document was mailed to the attorneys
of record on this date, November 16, 2018, by electronic and/or ordinary mail.
s/Teresa McGovern
Case Manager Generalist

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