Ostrander v. Smith et al

Filing 47

OPINION AND ORDER ADOPTING MAGISTRATE JUDGE'S OCTOBER 15, 2024 46 REPORT AND RECOMMENDATION AND DISMISSING PLAINTIFF'S COMPLAINT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41(b) Signed by District Judge Linda V. Parker. (AFla)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
LEONARD DORANCE OSTRANDER,
Plaintiff

,

v.

Case No. 23-cv-10803
Honorable Linda V. Parker

R. SMITH AND JOHN DOE,
Defendants.
__________________________________/
OPINION AND ORDER ADOPTING MAGISTRATE JUDGE’S OCTOBER
15, 2024 REPORT AND RECOMMENDATION AND DISMISSING
PLAINTIFF’S COMPLAINT PURSUANT TO FEDERAL RULE OF CIVIL
PROCEDURE 41(b)
Plaintiff commenced this lawsuit against Defendants on April 7, 2023. The
matter has been assigned to Magistrate Judge Curtis Ivy, Jr. for all pretrial
proceedings, including a hearing and determination of all non-dispositive matters
pursuant to 28 U.S.C. § 636(b)(1)(A) and/or a report and recommendation on all
dispositive matters pursuant to 28 U.S.C. § 636(b)(1)(B).
On October 15, 2024, Magistrate Judge Ivy issued a report and
recommendation (“R&R”) recommending that the Court dismiss Plaintiff’s
Complaint for failure to prosecute pursuant to Federal Rule of Civil Procedure
41(b). He therefore also recommends that Defendant Smith’s pending dispositive
motion be denied as moot. At the conclusion of the R&R, Magistrate Judge Ivy

advises the parties that they may object to and seek review of the R&R within
fourteen days of service upon them. Magistrate Judge Ivy further specifically
advises the parties that “[f]ailure to file specific objections constitutes a waiver of
any further right to appeal.” (Id.) Neither party filed objections to the R&R.
The Court has carefully reviewed the R&R and concurs with the conclusions
reached by Magistrate Judge Ivy. The Court therefore adopts the R&R.
Accordingly,
IT IS ORDERED that Plaintiff’s Complaint is DISMISSED WITH
PREJUDICE pursuant to Federal Rule of Civil Procedure 41(b).
IT IS FURTHER ORDERED that Defendant Smith’s motion for summary
judgment (ECF No. 42) is DENIED AS MOOT.

s/ Linda V. Parker
LINDA V. PARKER
U.S. DISTRICT JUDGE

Dated: November 25, 2024

I hereby certify that a copy of the foregoing document was mailed to counsel of
record and/or pro se parties on this date, November 25, 2024, by electronic
and/or U.S. First Class mail.
s/Aaron Flanigan
Case Manager

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