Riley et al v. Washington et al
Filing
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ORDER ADOPTING RECOMMENDED DISPOSITION OF REPORT AND RECOMMENDATION (ECF NO. 34 ) AND DENYING WITHOUT PREJUDICE PLAINTIFFS' RENEWED EMERGENCY MOTION FOR PRELIMINARY INJUNCTION (ECF NO. 30 ). Signed by District Judge Brandy R. McMillion. (LHos)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
MICHAEL DAVID MCCARREN,
MAURICE ALLEN-JULIUS STEWART,
LEVERTIS RILEY, IV, AND
WALTER GALLOWAY
Plaintiffs,
v.
RAPHAEL WASHINGTON,
ROBERT DUNLAP,
ANTHONY BOYER,
PAMELA DONOHO-ROSE,
KARMEN RAMIREZ,
KENNETH TOTH,
TONIA WILLIAMS,
CIERRA CRAWFORD, and
PRYOR,,
Case No. 23-cv-13129
Case No. 25-cv-10116
Case No. 25-cv-10117
Case No. 25-cv-10118
Hon. Brandy R. McMillion
Mag. Judge David R. Grand
Defendants.
_________________________________/
ORDER ADOPTING RECOMMENDED DISPOSITION OF REPORT
AND RECOMMENDATION (ECF NO. 34) AND DENYING WITHOUT
PREJUDICE PLAINTIFFS’ RENEWED EMERGENCY MOTION
FOR PRELIMINARY INJUNCTION (ECF NO. 30)
Pro se Plaintiffs Michael David McCarren, Maurice Allen-Julius Stewart,
Levertis Riley, IV, and Walter Galloway, pretrial detainees in the Wayne County Jail,
brought this prisoner civil rights action against Defendants Raphael Washington,
Robert Dunlap, Anthony Boyer, Pamela Donoho-Rose, Karmen Ramirez, Kenneth
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Toth, Tonia Williams, Cierra Crawford, and Pryor (collectively, “Defendants”),
under 42 U.S.C. § 1983, challenging their conditions of confinement. See generally
ECF No. 1.
This matter was originally assigned to the Honorable George Caram Steeh but
reassigned to the undersigned on April 2, 2024. On April 4, 2024, this Court referred
all pretrial matters to Magistrate Judge Anthony P. Patti. ECF No. 15. On July 23,
2024, Plaintiffs filed a Renewed Emergency Motion for Preliminary Injunction.
ECF No. 30. While that motion was pending, Defendants filed a Motion to Stay
Proceedings until the Court ruled on a previous Motion to Sever. See ECF No. 31,
25. On September 9, 2024, the Court granted the stay to determine who the proper
parties to this action should be. On January 8, 2025, the Court granted the Motion
to Sever. ECF No. 33. That same day, Magistrate Judge Patti issued a Report and
Recommendation (R&R) recommending that the undersign deny without prejudice
Plaintiffs’ Renewed Motion for Preliminary Injunction (ECF No. 30) to be refiled in
each of the severed cases if the Plaintiffs decided to pursue the individual severed
actions. See ECF No. 34, PageID.393. At the end of the R&R, the Magistrate Judge
advised the parties that to seek review of his recommendation, they had to file
specific objections with the Court within 14 days of service of the R&R. Id. at
PageID.393-394.
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As of the date of this order, January 27, 2025—19 days since the Magistrate
Judge filed the R&R—none of the parties have filed objections to the R&R or
contacted the Court to ask for more time to file objections. The failure to object to
an R&R releases the Court from its duty to independently review the matter. See
Thomas v. Arn, 474 U.S. 140, 149 (1985); see also Ivey v. Wilson, 832 F.2d 950, 95758 (6th Cir. 1987) (explaining that a party’s failure to timely object to a report and
recommendation allows a court to accept the recommendation “without expressing
any views on the merits of the magistrate’s conclusions”). Similarly, failure to object
to an R&R forfeits any further right to appeal. See Berkshire v. Dahl, 928 F.3d 520,
530 (6th Cir. 2019) (recognizing that a party forfeits their right to appeal by failing
to timely file objections to an R&R).
Accordingly, because no objections to the R&R have been filed, IT IS
HEREBY ORDERED that the Magistrate Judge’s recommended disposition of
Plaintiffs’ motion (ECF No. 34) is ADOPTED.
IT IS FURTHER ORDERED that Plaintiffs’ Renewed Motion for
Preliminary Injunction (ECF No. 30) is DENIED WITHOUT PREJUDICE, to be
refiled in each individual severed case, if Plaintiffs so desire.
IT IS FURTHER ORDERED that the Clerk of the Court shall file this Order
in each of the severed cases – Case No. 25-cv-10116 (Maurice Stewart v. Raphael
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Washington, et al), Case No. 25-cv-10117 (Levertis Riley, IV v. Raphael Washington,
et al) and Case No. 25-cv-10118 (Walter Galloway v. Raphael Washington, et al).
IT IS SO ORDERED.
Dated: January 27, 2025
s/Brandy R. McMillion
Hon. Brandy R. McMillion
United States District Judge
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