Scott v. Bradford et al

Filing 69

OPINION and ORDER Dismissing Plaintiff's 1 Complaint without Prejudice Against Defendants Martin Bay, C. Kobel, L. Lacey, and T. Branderver for Failure to Timely Effectuate Service. Signed by District Judge Linda V. Parker. (Loury, R)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
DAVID SCOTT,
Plaintiff,
Case No. 13-12781
Honorable Linda V. Parker

v.
MARILYN BRADFORD, WILLIAM
MOLLISON, CHRISTOPHER
CORRIVEAU, MARTIN BAY, D. BISHOP,
C. KOBEL, L. LACEY, and T.
BRANDERVER,
Defendants.
/

OPINION AND ORDER DISMISSING PLAINTIFF’S COMPLAINT WITHOUT
PREJUDICE AGAINST DEFENDANTS MARTIN BAY, C. KOBEL, L. LACEY,
AND T. BRANDERVER FOR FAILURE TO TIMELY EFFECTUATE SERVICE
Plaintiff David Scott commenced this civil rights action pursuant to 42 U.S.C.
§§ 1983 and 1988 against Defendants on June 24, 2013. Plaintiff filed an amended
complaint on December 10, 2013. The matter has been assigned to Magistrate Judge
David R. Grand 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).
(ECF No. 4.)
On July 10, 2014, Magistrate Judge Grand issued an order requiring Plaintiff to
show cause by July 25, 2014, as to why his Complaint should not be dismissed without
prejudice against Defendants Martin Bay, C. Kobel, L. Lacey, and T. Branderver, due to

Plaintiff’s failure to effectuate timely service on those defendants. (ECF No. 63.) When
Plaintiff failed to respond to the show cause order, Magistrate Judge Grand issued a
Report and Recommendation (“R&R”) on August 15, 2014, recommending that this Court
dismiss Plaintiff’s Complaint against these defendants without prejudice. (ECF No. 66.)
At the conclusion of his R&R, Magistrate Judge Grand advises the parties that they may
object to and seek review of the R&R within fourteen days of service upon them. (Id. at
4.) He 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 Grand.
Accordingly,
IT IS ORDERED, that Magistrate Judge Grand’s R&R is adopted;
IT IS FURTHER ORDERED, that Plaintiff’s Complaint is DISMISSED
WITHOUT PREJUDICE against Defendants Martin Bay, C. Kobel, L. Lacey, and T.
Branderver, only.
S/ Linda V. Parker
LINDA V. PARKER
U.S. DISTRICT JUDGE
Dated: September 9, 2014
I hereby certify that a copy of the foregoing document was mailed to counsel of record
and/or pro se parties on this date, September 9, 2014, by electronic and/or U.S. First Class
mail.
S/ Richard Loury
Case Manager
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