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)
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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