Cross v. Wayne County Corporation et al

Filing 29

ORDER Adopting 28 Report and Recommendation on 21 Motion to Voluntarily Dismiss filed by Yvonne Cross, and 17 Motion to Dismiss filed by Jolynn Stokes and 14 Motion to Dismiss filed by Judy Hartsfield. Signed by District Judge Shalina D. Kumar. (THal)

Case 4:22-cv-11705-SDK-CI ECF No. 29, PageID.270 Filed 01/17/23 Page 1 of 2

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
YVONNE CROSS,

Plaintiff,

v.
JUDGE JUDY HARTSFIELD et
al.,
Defendants.

Case No. 22-11705
Honorable Shalina D. Kumar
Magistrate Judge Curtis Ivy, Jr.

ORDER ADOPTING REPORT AND RECOMMENDATION (ECF NO. 28)
ON PLAINTIFF’S MOTION TO VOLUNTARILY DISMISS (ECF NO. 21)
AND DEFENDANTS’ MOTIONS TO DISMISS (ECF NO. 14, 17)
Plaintiff Yvonne Cross filed this action without assistance of counsel.
ECF No. 1. This case was referred to the magistrate judge for all pretrial
matters pursuant to 28 U.S.C. Section 636(b). ECF No. 6. Defendants filed
motions to dismiss. ECF Nos. 14, 17. Cross did not oppose defendants’
motions and instead filed her own motion to voluntarily dismiss. ECF No.
21.
On October 12, 2022, the assigned magistrate judge issued a Report
and Recommendation (“R&R”). ECF No. 28. The R&R recommends that
the Court treat Cross’s motion as a notice of voluntary dismissal and
suggests that the notice be accepted because no answer or motion for
Page 1 of 2

Case 4:22-cv-11705-SDK-CI ECF No. 29, PageID.271 Filed 01/17/23 Page 2 of 2

summary judgment was filed. Id. No party has filed an objection to the
R&R.
The Court has reviewed the record and ADOPTS the R&R relative to
Cross’s motion. Cross’s motion (ECF No. 21) is deemed a notice of
voluntary dismissal, defendants’ motions to dismiss (ECF Nos. 14, 17) are
thus TERMINATED as moot, and the case is DISMISSED without
prejudice.
IT IS SO ORDERED.

Dated: January 17, 2023

s/Shalina D. Kumar
SHALINA D. KUMAR
United States District Judge

Page 2 of 2