Jackson v. Kline et al

Filing 39

ORDER Adopting 38 Report and Recommendation, GRANTING 27 Motion for Summary Judgment, and DENYING 8 , 11 Motions for a Restraining Order or Preliminary Injunction. Signed by District Judge Terrence G. Berg. (AChu)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION CURTIS JACKSON, v. Plaintiff, Case No. 16-12917 JILL KLINE and ANGELA, HOFFMAN, HON. TERRENCE G. BERG HON. ELIZABETH A. STAFFORD Defendants. / ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION (DKT. 38), GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT (DKT. 27) AND DENYING PLAINTIFF’S MOTIONS FOR A RESTRAINING ORDER OR PRELIMINARY INJUNCTION (DKTS. 8, 11) This matter is before the Court on Magistrate Judge Elizabeth A. Stafford’s March 31, 2017 report and recommendation (Dkt. 38), recommending that Defendants’ motion for summary judgment (Dkt. 27) be granted, and that Plaintiff’s motions for a restraining order and a preliminary injunction (Dkt. 8, 11) be denied. 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 March 31, 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 March 31, 2017 (Dkt. 38) is ACCEPTED and ADOPTED. It is FURTHER ORDERED that Defendant’s motion for summary judgment (Dkt. 27) is GRANTED and Plaintiff’s motions for a restraining order and a preliminary injunction (Dkts. 8, 11) are DENIED. Plaintiff’s Complaint is 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 2  

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