Kuerbitz v. Meisner et al

Filing 27

ORDER Accepting and Adopting 25 Report and Recommendation, Granting in Part and Denying in Part 12 Motion to Dismiss, Denying 3 Motion for Preliminary Injunction, and Denying 17 Plaintiff's Combined Motion for Objections and to Strike Defendants' Motion to Dismiss. Signed by District Judge Terrence G. Berg. (AChu)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ARNOLD KUERBITZ, Plaintiff, v. Case No. 16-12736 Hon. Terrence G. Berg Hon. Elizabeth A. Stafford ANDREW E. MEISNER, et al, Defendants. ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION (DKT. 25), GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS (DKT. 12), DENYING PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION (DKT. 3), AND DENYING PLAINTIFF’S COMBINED MOTION FOR OBJECTIONS AND TO STRIKE DEFENDANTS’ MOTION TO DISMISS (DKT. 17) This matter is before the Court on Magistrate Judge Elizabeth A. Stafford’s February 1, 2017 report and recommendation (Dkt. 25), recommending that Defendants’ motion to dismiss (Dkt. 12) be granted in part and denied in part, and that Plaintiff’s motion for preliminary injunction (Dkt. 3) and combined motion for objections and to strike Defendant’s motion to dismiss (Dkt. 17) be denied. 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 February 1, 2017, as this Court’s findings of fact and conclusions of law. Accordingly, it is hereby ORDERED that Magistrate Judge Stafford’s Report and Recommendation of February 1, 2017 (Dkt. 25) is ACCEPTED and ADOPTED. Defendant’s motion to dismiss (Dkt. 12) is GRANTED IN PART AND DENIED IN PART. Plaintiff’s claims that his First and Fourteenth Amendment rights were violated when he was prevented from entering the public foreclosure auction remain in the case, his other claims are DISMISSED. And Plaintiff’s motions (Dkts. 3 and 17) are DENIED. SO ORDERED. Dated: February 27, 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 February 27, 2017, using the CM/ECF system, which will send notification to all parties. s/A. Chubb Case Manager 2  

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