Franklin v. Michigan, State of

Filing 14

ORDER Adopting 13 Report and Recommendation and GRANTING 9 Defendant's Motion to Dismiss. Signed by District Judge Terrence G. Berg. (AChu)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
ALFONSO FRANKLIN,
v.

Plaintiff,

Case No. 16-12699

STATE OF MICHIGAN,
Defendant.

HON. TERRENCE G. BERG
HON. ANTHONY P. PATTI
/

ORDER ACCEPTING AND ADOPTING REPORT AND
RECOMMENDATION (DKT. 13), GRANTING
DEFENDANT’S MOTION TO DISMISS (DKT. 9)
This matter is before the Court on Magistrate Judge Anthony P. Patti’s April
4, 2017 report and recommendation (Dkt. 13), recommending that Defendant’s
motion to dismiss (Dkt. 9) be granted, and that Plaintiff’s claims be dismissed with
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). The Court will, therefore, accept

the Magistrate Judge’s report and recommendation of April 4, 2017, 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 April 4, 2017 (Dkt. 13) is ACCEPTED and ADOPTED. It
is FURTHER ORDERED that Defendant’s motion to dismiss (Dkt. 9) is
GRANTED. Plaintiff’s claims against the State of Michigan are hereby
DISMISSED WITH PREJUDICE.
SO ORDERED.
Dated: May 23, 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 May 23,
2017, using the CM/ECF system, which will send notification to all parties.
s/A. Chubb
Case Manager

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