Alexander v. Hoffman et al

Filing 47

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

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