Morris v. Michigan, State of et al

Filing 29

ORDER Accepting and Adopting 22 Report and Recommendation, GRANTING 13 Motion to Dismiss, and DENYING, as moot, 10 Michigan's Motion for Summary Judgment. Signed by District Judge Terrence G. Berg. (AChu)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
GARY MORRIS,
v.

Plaintiff,

Case No. 15-13099

STATE OF MICHIGAN, et al.,
Defendants.

HON. TERRENCE G. BERG
HON. STEPHANIE DAWKINS DAVIS
/

ORDER ACCEPTING AND ADOPTING REPORT AND
RECOMMENDATION (DKT. 22), GRANTING PLAINTIFF’S
MOTION TO DISMISS (DKT. 13) AND DENYING, AS MOOT,
MICHIGAN’S MOTION FOR SUMMARY JUDGMENT (DKT. 10)
This matter is before the Court on Magistrate Judge Stephanie Dawkins
Davis’s November 8, 2016 report and recommendation (Dkt. 22), recommending
that Plaintiff’s motion to voluntarily dismiss his claims against the State of
Michigan (Dkt. 13) be granted, and that Michigan’s motion for summary judgment
(Dkt. 10) be denied as moot. Magistrate Judge Davis further recommends that
Plaintiff’s claims against the State of Michigan be dismissed without prejudice.
The Court has carefully reviewed the Magistrate Judge’s report and
recommendation, and finds that it is well-reasoned and supported by the relevant
law. 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). As of this date, no party filed any
objections to the report and recommendation, and the time to do so has now expired.

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). Nevertheless, the Court has
reviewed the Magistrate Judge’s report and recommendation of November 8, 2016
and will accept it, as this Court’s findings of fact and conclusions of law.
Accordingly, it is hereby ORDERED that Magistrate Judge Davis’s Report
and Recommendation of November 8, 2016 (Dkt. 22) is ACCEPTED and
ADOPTED. It is FURTHER ORDERED that Plaintiff’s motion to voluntarily
dismiss his claims against the State of Michigan (Dkt. 13) is GRANTED, and that
the State of Michigan’s motion for summary judgment (Dkt. 10) is DENIED AS
MOOT. Plaintiff’s claims against the State of Michigan are hereby DISMISSED
WITHOUT PREJUDICE.
SO ORDERED.
Dated: January 4, 2017

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

I hereby certify that this Order was electronically submitted on January 4,
2017, using the CM/ECF system, which will send notification to all parties.
s/A. Chubb
Case Manager

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