Robinson v. Andrews et al

Filing 173

OPINION and ORDER Granting Plaintiff's 137 MOTION to Dismiss Without Prejudice and Striking Plaintiff's Duplicative 147 MOTION to Dismiss. Signed by District Judge Linda V. Parker. (SBur)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
CHRISTOPHER ROBINSON,
Plaintiff,
Case No. 14-11987
Honorable Linda V. Parker

v.

STEPHEN ANDREWS, TANZI COLE
TABB, DAVID BEATY, JOSEPH GONZALEZ,
JAMES B. ROBERTSON, STEPHAN ANDREWS,
SHAWN BOOTH, LUANNE M. REAUME,
CATHOLIC SOCIAL SERVICES, PITTSFIELD TWP.
POLICE DEPT., and JIM MAUDLIN,
Defendants.
________________________________/
OPINION AND ORDER GRANTING PLAINTIFF’S MOTION TO DISMISS
WITHOUT PREJUDICE (ECF NO. 137) AND STRIKING PLAINTIFF’S
DUPLICATIVE MOTION TO DISMISS (ECF NO. 147)
On May 9, 2014, Plaintiff commenced this civil rights action against various
defendants pursuant to 42 U.S.C. § 1983. Plaintiff’s claims against Defendants arise from
his arrest for an alleged parole violation, the revocation of his parole, and events that
occurred after he was re-paroled in May 2011. The matter has been referred to Magistrate
Judge Stephanie Davis for all pretrial matters.
On November 9, 2015, Plaintiff filed a motion to dismiss without prejudice the
following defendants: Tanzi Tabb, Joseph Gonzalez, James B. Robertson, Luanne M.
Reaume, and Catholic Social Services. (ECF No. 137.) Plaintiff filed an identical copy
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of the same motion on November 25, 2015. (ECF No. 147.) On May 5, 2016, Magistrate
Judge Davis issued a Report and Recommendation (“R&R”) in which she recommends
that the Court grant Plaintiff’s initially filed motion and strike his second, duplicative
motion. (ECF No. 169.) At the conclusion of her R&R, Magistrate Judge Davis informs
the parties that they must file any objections to the R&R within fourteen days. (Id. at Pg
ID 2335-26.) No objections have been filed.
The Court has carefully reviewed Magistrate Judge Davis’ R&R and concurs with
her conclusions. The Court therefore adopts Magistrate Judge Davis’ May 5, 2016 R&R.
Accordingly,
IT IS ORDERED that Plaintiff=s motion to dismiss (ECF No. 137) is granted and
the following Defendants are DISMISSED WITHOUT PREJUDICE AND AS
PARTIES FROM THIS LAWSUIT: Tanzi Tabb, Joseph Gonzalez, James B. Robertson,
Luanne M. Reaume, and Catholic Social Services;
IT IS FURTHER ORDERED that Plaintiff’s duplicative motion (ECF No. 147) is
STRICKEN.
s/ Linda V. Parker
LINDA V. PARKER
U.S. DISTRICT JUDGE
Dated: June 9, 2016
I hereby certify that a copy of the foregoing document was mailed to counsel of record
and/or pro se parties on this date, June 9, 2016, by electronic and/or U.S. First Class mail.
s/ Shawna Burns on behalf Richard Loury
Case Manager
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