Dunham v. Malik et al

Filing 128

ORDER ADOPTING 114 Report and Recommendation for 99 Motion to Dismiss. Signed by District Judge Terrence G. Berg. (Chubb, A)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
RUSSELL PERCY DUNHAM,
v.

Plaintiff,

Case No. 13-10001

PARVEEN A. MALIK, et al.,

HON. TERRENCE G. BERG
HON. PAUL J. KOMIVES

Defendants.
/

ORDER ADOPTING MAGISTRATE JUDGE’S
REPORT AND RECOMMENDATION
This matter is before the Court on Magistrate Judge Paul J. Komives’s Report
and Recommendation of July 18, 2014, (Dkt. 114) recommending that the Court
grant Defendants’ motion to dismiss portions of the second amended complaint
(Dkt. 99).
The Court has reviewed the Magistrate Judge’s Report and Recommendation.
The law provides that either party may serve and file written objections “[w]ithin
fourteen days after being served with a copy” of the report and recommendations. 28
U.S.C. § 636(b)(1). The district court will make a “de novo determination of those
portions of the report . . . to which objection is made.” Id. Where, as here, neither
party objects to the report, the district court is not obligated to independently
review the record. See Thomas v. Arn, 474 U.S. 140, 149–52 (1985). The Court has
reviewed and will accept the Magistrate Judge’s Report and Recommendation of
July 18, 2014, (Dkt. 114) as the findings and conclusions of this court.

Accordingly, it is hereby ORDERED that Magistrate Judge Komives’s Report
and Recommendation of July 18, 2014, (Dkt. 114) is ACCEPTED and ADOPTED.
It is FURTHER ORDERED that Defendants’ motion to dismiss portions of the
second amended complaint (Dkt. 99) is GRANTED and that any of Plaintiff’s claims
that accrued before August 4, 2009, are hereby DISMISSED.
s/Terrence G. Berg
TERRENCE G. BERG
UNITED STATES DISTRICT JUDGE
Dated: September 8, 2014
Certificate of Service
I hereby certify that this Order was electronically submitted on September 8, 2014, using
the CM/ECF system, which will send notification to each party.
By: s/A. Chubb
Case Manager

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