Salami v. Eagen et al

Filing 135

ORDER Adopting Magistrate Judge's 134 Report and Recommendation Granting Plaintiff's 131 Motion to Voluntarily Dismiss the Action with Prejudice. Signed by District Judge George Caram Steeh. (BSau)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
MICHAEL MOHAMMED SALAMI,
Plaintiff,

Case No. 19-CV-11558

vs.

HON. GEORGE CARAM STEEH

C/O BRIAN TROMBLEY,
Defendant.
_____________________________/

ORDER ACCEPTING MAGISTRATE JUDGE'S
REPORT AND RECOMMENDATION (ECF No. 134) AND
GRANTING PLAINTIFF’S MOTION TO VOLUNTARILY
DISMISS THE ACTION (ECF No. 131) WITH PREJUDICE
Plaintiff Michael Mohammed Salami, an inmate in the custody of the
Michigan Department of Corrections (”MDOC”), filed this pro se civil rights
action on May 28, 2019. Over the course of litigation, plaintiff has filed over
a dozen separate discovery motions to which defendant responded.
Defendant noticed plaintiff’s deposition on two separate occasions and
without giving prior notice, plaintiff failed to appear both times. On July 2,
2021, defendant filed a motion to dismiss and on July 8, 2021, defendant
filed a motion for summary judgment. In lieu of filing a response to the
dispositive motions, plaintiff filed a motion for voluntary dismissal without
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prejudice. Plaintiff did not provide an explanation for her request. All pretrial
motions have been referred to the Magistrate Judge for a Report and
Recommendation. The Magistrate Judge recommends that plaintiff’s
motion to voluntarily dismiss the action be granted, albeit with prejudice,
and that the outstanding motions (ECF Nos. 103, 121, 125 and 127) be
terminated as moot.
No timely objections were filed to the Report and Recommendation.
This Court agrees with and adopts the analysis conducted and
recommendation made by the Magistrate Judge. Now, therefore, for the
reasons stated by the Magistrate Judge, the recommendation is adopted as
an order of the court.
IT IS HEREBY ORDERED that the Report and Recommendation
(ECF No. 134) is ACCEPTED by the Court.
IT IS HEREBY FURTHER ORDERED that plaintiff’s motion to
voluntarily dismiss the action (ECF No. 131) is GRANTED WITH
PREJUDICE.
IT IS HEREBY FURTHER ORDERED that defendant’s second
motion to quash (ECF No. 103), plaintiff’s motion for limited appointment of
counsel (ECF No. 121), defendant’s motion to dismiss (ECF No. 125), and
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defendant’s motion for summary judgment (ECF No. 127) are
TERMINATED AS MOOT.
It is so ordered.
Dated: November 19, 2021
s/George Caram Steeh
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE

CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
November 19, 2021, by electronic and/or ordinary mail and
also on Michael Mohammed Salami #879045, Michigan
Reformatory, 1342 West Main Street, Ionia, MI 48846.
s/Brianna Sauve
Deputy Clerk

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