Loyd v. Driggett et al

Filing 33

ORDER Adopting 32 Report and Recommendation for Granting in Part and Denying in Part 17 Motion to Dismiss, filed by Herman Marable, Jr. Signed by District Judge Sean F. Cox. (JMcC)

Case 2:20-cv-13099-SFC-KGA ECF No. 33, PageID.190 Filed 12/13/21 Page 1 of 2

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
Ca’Ron Elestrious-Gend Loyd,
Plaintiff,
Civil Case No. 20-13099
v.
Herman Marable, et al.,

Sean F. Cox
United States District Court Judge

Defendants.
______________________________/
ORDER
ADOPTING 11/12/21 REPORT AND RECOMMENDATION REGARDING
DEFENDANT MARABLE’S MOTION TO DISMISS
Plaintiff, an incarcerated person, filed this pro se action asserting claims against a litany
of Defendants, under 42 U.S.C. § 1983. Upon screening of the complaint, Plaintiff’s claims
were dismissed against all but two defendants, Burton Police Officer Jeremy Driggett and state
district judge Herman Marable, Jr.. (See ECF No. 6).
The matter was then referred to the magistrate judge for all pretrial proceedings. (ECF
No. 10).
On November 12, 2021, Magistrate Judge Kimberly Altman issued a Report and
Recommendation wherein she recommends that a Motion to Dismiss filed by Defendant Marable
be granted in part and denied in part:
Accordingly, for the reasons stated above, the undersigned
RECOMMENDS that Marable’s motion to dismiss be GRANTED IN PART and
DENIED IN PART. Specifically, the undersigned recommends that Loyd’s §
1983 claim against Marable be dismissed with prejudice and that the Court
decline to exercise supplemental jurisdiction over any state law claims against
Marable, dismissing them without prejudice.
(ECF No. 32 at 14)
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Case 2:20-cv-13099-SFC-KGA ECF No. 33, PageID.191 Filed 12/13/21 Page 2 of 2

The time permitted for the parties to file objections to that Report and Recommendation
has passed and no objections were filed.
Accordingly, the Court hereby ADOPTS the November 12, 2021 Report and
Recommendation. The Court ORDERS that Defendant Marable’s Motion to Dismiss is
GRANTED IN PART AND DENIED IN PART. The motion is GRANTED to the extent that
the Court DISMISSES WITH PREJUDICE Plaintiff’s § 1983 claim against Marable and the
Court DECLINES TO EXERCISE SUPPLEMENTAL JURISDICTION over any state-law
claims against Marable and dismiss those claims without prejudice.
IT IS SO ORDERED.
s/Sean F. Cox
Sean F. Cox
United States District Judge
Dated: December 13, 2021

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