Von Ehl v. Saginaw County Jail et al
Filing
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OPINION and ORDER. Signed by District Judge Linda V. Parker. (RLou)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
ADAM VON EHL,
Plaintiff,
Civil Case No. 18-11453
Honorable Linda V. Parker
v.
SAGINAW COUNTY JAIL, et al.,
Defendants.
________________________________/
OPINION AND ORDER
On May 8, 2018, Plaintiff commenced this civil rights action against
multiple defendants pursuant to 42 U.S.C. § 1983. On June 14, 2018, this Court
dismissed all but two defendants, Sweeny and Pulaski This Court has referred the
matter to Magistrate Judge Stephanie Dawkins Davis for all pretrial matters.
On October 12, 2018, Defendants Sweeny and Pulaski filed a motion for
summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure.
(ECF No. 15.) Magistrate Judge Davis ordered Plaintiff to respond to the motion
by December 6, 2018. (ECF No. 16.) Magistrate Judge Davis warned Plaintiff
that his “[f]ailure to file a response may result in sanctions, including granting all
or part of the relief requested by the moving party.” (Id., emphasis removed.)
The order was served on Plaintiff at the address listed on file with the Court, but
was returned as “undeliverable.” (ECF No. 18.)
Magistrate Judge Davis issued a second order requiring Plaintiff to show
cause in writing on or before February 7, 2019, as to why the Complaint should not
be dismissed due to his failure to respond. (ECF No. 19.) Magistrate Judge
Davis again warned Plaintiff that “[f]ailure to timely or adequately respond” would
result in a recommendation that the matter be dismissed under Rule 41(b) of the
Federal Rules of Civil Procedure. (Id.) This show cause order also was served
on Plaintiff at the address listed on file with the Court and was returned as
“undeliverable.” (ECF No. 20.)
As of March 31, 2019, Plaintiff had not responded to Magistrate Judge
Davis’ show cause order. Therefore, on that date, Magistrate Judge Davis issued a
Report and Recommendation (“R&R”) recommending that this Court dismiss with
prejudice Plaintiff’s Complaint against Sweeny and Pulaski pursuant to Rule 41(b)
and terminate as moot the pending summary judgment motion. (ECF No. 21.)
At the conclusion of the R&R, Magistrate Judge Davis informs the parties
that they must file any objections to the R&R within fourteen days. (Id.) No
objections have been filed.
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This Court has carefully reviewed the R&R and concurs in Magistrate Judge
Davis’ recommendations.
Accordingly,
IT IS ORDERED that Magistrate Judge Davis’ March 31, 2019 R&R is
adopted and the Court is DISMISSING WITH PREJUDICE Plaintiff’s
Complaint against Defendants Sweeny and Pulaski pursuant to Federal Rule of
Civil Procedure 41(b);
IT IS FURTHER ORDERED that the motion for summary judgment (ECF
No. 15) is TERMINATED AS MOOT.
s/ Linda V. Parker
LINDA V. PARKER
U.S. DISTRICT JUDGE
Dated: May 7, 2019
I hereby certify that a copy of the foregoing document was mailed to counsel of
record and/or pro se parties on this date, May 7, 2019, by electronic and/or U.S.
First Class mail.
s/ R. Loury
Case Manager
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