Dyer v. Hardwick et al

Filing 107

ORDER Accepting and Adopting the Magistrate Judge's September 13, 2012 102 Report and Recommendation, Granting 96 Motion for Summary Judgment of Defendant Tonya Watson, and Closing the Case. Signed by District Judge Mark A. Goldsmith. (Goltz, D)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

FELICIA MARIE DYER,
Plaintiff,

Civil Action No.
10-CV-10120

vs.
HON. MARK A. GOLDSMITH
SHADEHAEDA HARDWICK, et al.,
Defendants.
_______________________________/
ORDER (1) ACCEPTING AND ADOPTING THE MAGISTRATE JUDGE’S
SEPTEMBER 13, 2012 REPORT AND RECOMMENDATION, (2) GRANTING THE
SUMMARY JUDGMENT MOTION OF DEFENDANT TONYA WATSON, and (3)
CLOSING CASE
This matter is presently before the Court on the Report and Recommendation (“R&R”) of
Magistrate Judge Laurie J. Michelson, issued on September 13, 2012. The Magistrate Judge
recommends that the motion for summary judgment of Defendant Tonya Watson, the last
remaining defendant in this matter, be granted. Plaintiff has not filed objections to the R&R, and
the time to do so has expired. Accordingly, Plaintiff has waived any further right to contest the
Magistrate Judge’s ruling with regard to Plaintiff’s claims against Defendant Watson. See
Thomas v. Arn, 474 U.S. 140, 155 (1985).1
In any event, the Court has reviewed the R&R and concludes that summary judgment in
favor of Defendant Watson is warranted for the reasons indicated by the Magistrate Judge in her
R&R. Accordingly, the Court accepts and adopts the Magistrate Judge’s R&R as the finding and
conclusions of the Court, and grants the summary judgment motion of Defendant Watson (Dkt.

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In addition, the Court notes – as did the Magistrate Judge in her R&R – that Plaintiff has
failed to oppose Defendant Watson’s motion for summary judgment, despite an order issued
by the Magistrate Judge requiring a response brief. Because Plaintiff has entirely failed to
oppose the motion – either in the proceedings before the Magistrate Judge or in the present
proceedings before this Court – this Court construes Plaintiff’s silence as signaling a clear
intent to abandon her claims against Defendant Watson.

96). As Defendant Watson was the last remaining defendant in this case, no additional claims
remain. Accordingly, the Clerk of Court is directed to close the case. A separate judgment shall
issue.
SO ORDERED.
Dated: October 4, 2012
Flint, Michigan

s/Mark A. Goldsmith
MARK A. GOLDSMITH
United States District Judge
CERTIFICATE OF SERVICE

The undersigned certifies that the foregoing document was served upon counsel of
record and any unrepresented parties via the Court's ECF System to their respective email or
First Class U.S. mail addresses disclosed on the Notice of Electronic Filing on October 4,
2012.
s/Deborah J. Goltz
DEBORAH J. GOLTZ
Case Manager

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