Theriot et al v. Bates et al

Filing 8

ORDER Adopting 7 Report and Recommendation. Signed by District Judge Terrence G. Berg. (Chubb, A)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
BRIAN THERIOT, et al.,
v.

Plaintiffs,

Case No. 13-12180

WALTER BATES, et al.,
Defendant.

HON. TERRENCE G. BERG
HON. MARK A. RANDON
/

ORDER ADOPTING REPORT AND RECOMMENDATION (DKT. 7)
This matter is before the Court on Magistrate Judge Mark A. Randon’s
August 19, 2013 Report and Recommendation (Dkt. 7), recommending that
Plaintiff’s motions to proceed in forma pauperis, appoint counsel and bring in third
party plaintiff (Dkt. 2, 3 & 4) be denied, and that the Complaint be dismissed.
The Court has carefully 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). No party filed an objection to the Report and Recommendation, and the
time to do so has expired. The Court will, therefore, accept the Magistrate’s Report

and Recommendation of August 19, 2013, as this Court’s findings of fact and
conclusions of law.
Accordingly, it is hereby ORDERED that Magistrate Judge Randon’s Report
and Recommendation of August 19, 2013, (Dkt. 7) is ACCEPTED and ADOPTED.
It is FURTHER ORDERED that Plaintiffs’ motions proceed in forma pauperis,
appoint counsel and bring in third party plaintiff (Dkts. 2, 3 &4) are DENIED, and
that the Complaint be DISMISSED. Specifically, as recommended by Magistrate
Judge Randon, Plaintiffs’ constitutional claims are dismissed with prejudice, and
any remaining state law claims are dismissed without prejudice.
SO ORDERED.
Dated: September 13, 2013

s/Terrence G. Berg
TERRENCE G. BERG
UNITED STATES DISTRICT JUDGE
Certificate of Service

I hereby certify that this Order was electronically submitted on September
13, 2013, using the CM/ECF system, which will send notification to all parties, and
that copies were mailed to Plaintiffs, via U.S. Mail, to the addresses listed on the
docket.
s/A. Chubb
Case Manager

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