Rogers v. Aldrich
Filing
33
ORDER Accepting and Adopting 31 Report and Recommendation and Granting Defendants' 23 Motion for Summary Judgment. Signed by District Judge Terrence G. Berg. (SBur)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
PAULLETO ROGERS,
Plaintiff,
v.
Case No. 15-13940
MARK ALDRICH, and
CITY OF BELLVILLE PD,
Hon. Terrence G. Berg
Hon. Anthony P. Patti
Defendants.
/
ORDER ACCEPTING AND ADOPTING REPORT AND
RECOMMENDATION (DKT. 31) AND GRANTING DEFENDANTS’
MOTION FOR SUMMARY JUDGMENT (DKT. 23)
This matter is before the Court on Magistrate Judge Anthony P. Patti’s October
14, 2016 report and recommendation (Dkt. 31), recommending that Defendants’
motion for summary judgment (Dkt. 23) be granted.
The Court has carefully reviewed the Magistrate Judge’s report and
recommendation, and finds it 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). If a party files written objections, the district court will make a “de novo
determination of those portions of the report . . . to which objection is made.” Id. As
of this date, no party filed any objections to the report and recommendation, and the
time to do so has now expired, meaning the district court is not obligated to review
the record independently. See Thomas v. Arn, 474 U.S. 140, 149-52 (1985). The Court
will therefore accept the Magistrate Judge’s report and recommendation of October
14, 2016 as this Court’s findings of fact and conclusions of law.
Accordingly, it is hereby ORDERED that Magistrate Judge Patti’s Report and
Recommendation of October 14, 2016 (Dkt. 31) is ACCEPTED and ADOPTED. It
is FURTHER ORDERED that Defendants’ motion for summary judgment (Dkt. 23)
is GRANTED.
SO ORDERED.
Dated: December 21, 2016
s/Terrence G. Berg
TERRENCE G. BERG
UNITED STATES DISTRICT JUDGE
Certificate of Service
I hereby certify that this Order was electronically submitted on December 21,
2016, using the CM/ECF system, which will send notification to all parties.
s/S. Burns
Case Manager
2
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