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)
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?