Clervrain et al v. Peters et al

Filing 13

ORDER Adopting 11 Report and Recommendation and Dismissing Plaintiffs' Complaint. Signed by District Judge Shalina D. Kumar. (THal)

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Case 4:22-cv-10743-SDK-APP ECF No. 13, PageID.1135 Filed 11/17/22 Page 1 of 3 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION MANETIRONY CLERVRAIN et al., Plaintiffs, Case No. 22-10743 Honorable Shalina D. Kumar Magistrate Judge Anthony P. Patti v. GARY PETERS et al., Defendants. ORDER ADOPTING REPORT AND RECOMMENDATION (ECF NO. 11) AND DISMISSING PLAINTIFFS’ COMPLAINT (ECF NO. 1) Plaintiff Manetirony Clervrain filed this pro se complaint alleging various constitutional violations against defendants. ECF No. 1. This case was referred to the assigned magistrate judge for all pretrial purposes and specifically for screening to determine if the complaint should be summarily dismissed under 28 U.S.C. § 1915(e)(2)(B). ECF No. 10. On October 19, 2022, the assigned magistrate judge issued a report and recommendation (R&R). ECF No. 11. The R&R recommends that the Court summarily dismiss plaintiffs’ complaint for failure to state a claim upon which relief may be granted under Federal Rule of Civil Procedure Page 1 of 3 Case 4:22-cv-10743-SDK-APP ECF No. 13, PageID.1136 Filed 11/17/22 Page 2 of 3 12(b)(6) and 28 U.S.C. § 1915(e)(2)(B)(ii), or as frivolous under Rule 12(b)(1) and 28 U.S.C. § 1915(e)(2)(B)(i). Id. Parties must file objections within fourteen days of when the R&R is filed. See Fed. R. Civ. P. 72(b)(2); 28 U.S.C. § 636(b)(1)(C). The magistrate judge's R&R contained the notice that objections must be filed within fourteen days as required by statute. ECF No. 11, PageID.897; 28 U.S.C. § 636(b)(1)(C). Plaintiff filed a motion for reconsideration, which the Court shall construe as objections, but the filing, on November 16, 2022, was untimely. ECF No. 12; Fed. R. Civ. P. 6(a)(1); Fed. R. Civ. P. 72(b)(2); see also 28 U.S.C. § 636(b)(1)(C). Because the filing was untimely, the Court will have the Clerk of the Court strike the motion for reconsideration (ECF No. 12) from the docket and consider no objections to have been filed. Because no objections were filed, de novo review of the R&R’s conclusions is not required. The Court has reviewed the record and the R&R is hereby ADOPTED and entered as the findings and conclusions of the Court. Accordingly, Page 2 of 3 Case 4:22-cv-10743-SDK-APP ECF No. 13, PageID.1137 Filed 11/17/22 Page 3 of 3 IT IS ORDERED that plaintiffs’ complaint (ECF No. 1) is DISMISSED and plaintiffs’ motions (ECF Nos. 2, 3, 4, 5, 6) are terminated as moot. Dated: November 17, 2022 s/Shalina D. Kumar SHALINA D. KUMAR United States District Judge Page 3 of 3

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