Sigmon v. Clayton

Filing 16

ORDER Accepting and Adopting 15 Report and Recommendation, Granting 11 Defendant's Motion to Dismiss, and Dismissing Case. Signed by District Judge Terrence G. Berg. (AChu)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JASON SIGMON,
v.

Plaintiff,

Case No. 16-10358

JERRY CLAYTON,
Defendant.

HON. TERRENCE G. BERG
HON. MONA K. MAJZOUB
/

ORDER ACCEPTING AND ADOPTING REPORT AND
RECOMMENDATION (DKT. 15), GRANTING DEFENDANT’S
MOTION TO DISMISS (DKT. 11) AND DISMISSING CASE
This matter is before the Court on Magistrate Judge Mona K. Majzoub’s
November 21, 2016 report and recommendation (Dkt. 15), recommending that
Defendant’s motion to dismiss (Dkt. 11) be granted, and that this case be dismissed
in its entirety.
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). The Court will, therefore, accept
the Magistrate Judge’s report and recommendation of November 21, 2016, as this
Court’s findings of fact and conclusions of law.
Accordingly, it is hereby ORDERED that Magistrate Judge Majzoub’s report
and recommendation of November 21, 2016 (Dkt. 15) is ACCEPTED and
ADOPTED. It is FURTHER ORDERED that Defendant’s motion to dismiss
(Dkt. 11) is GRANTED. This case is hereby DISMISSED WITH PREJUDICE.
SO ORDERED.
Dated: December 29, 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 29,
2016, using the CM/ECF system, which will send notification to all parties.
s/A. Chubb
Case Manager

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