Alexander v. Hoffman et al

Filing 47

ORDER Adopting 44 Report and Recommendation. Signed by District Judge Terrence G. Berg. (AChu)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION D’ANDRE M. ALEXANDER, Plaintiff, v. CIVIL ACTION NO. 16-cv-12069 HON. TERRENCE G. BERG ANN HOFFMAN, et al., HON. MONA K. MAJZOUB Defendants. / ORDER ADOPTING REPORT AND RECOMMENDATION (DKT. 44) This matter is before the Court on Magistrate Judge Mona K. Majzoub’s January 23, 2018 report and recommendation (Dkt. 44), recommending that Defendant Ann Hoffman’s motion to dismiss the official capacity claims against her (Dkt. 33) be granted. 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, 14952 (1985). The Court will, therefore, accept the Magistrate Judge’s report and recommendation of January 23, 2018 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 January 23, 2018 (Dkt. 44) is ACCEPTED and ADOPTED. It is FURTHER ORDERED that Defendant Hoffman’s motion to dismiss official capacity claims (Dkt. 33) is GRANTED. Plaintiff’s official capacity claims against Defendant Hoffman are hereby DISMISSED. SO ORDERED. s/Terrence G. Berg TERRENCE G. BERG UNITED STATES DISTRICT JUDGE Dated: February 14, 2018 2 Certificate of Service I hereby certify that this Order was electronically submitted on February 14, 2018, using the CM/ECF system, which will send notification to each party. s/A. Chubb Case Manager 3

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