Hartley-Daniels v. Bonnee
Filing
37
ORDER denying 35 Motion for Reconsideration. Signed by District Judge John Corbett O'Meara. (WBar)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
TAMIKA HARTLEY-DANIELS,
Plaintiff,
Case No. 15-10093
v.
Honorable John Corbett O’Meara
T. BONNEE and MILLICENT WARREN,
Defendants.
/
ORDER DENYING PLAINTIFF’S MOTION FOR RECONSIDERATION
This matter came before the court on plaintiff Tamika Hartley-Daniels’
September 12, 2016 motion for reconsideration of the court’s August 25, 2016 order
adopting the magistrate judge’s report and recommendation. No response was filed,
and no oral argument was heard.
On June 30, 2016, Magistrate Judge Patricia T. Morris issued a report and
recommendation regarding defendants Bonnee’s and Warren’s motions to dismiss.
The magistrate judge recommended that the motions be granted on the basis of
qualified immunity.
Pursuant to Rule 72(b) of the Federal Rules of Civil Procedure, objections must
be filed no later than 14 days after service of a copy of the recommended disposition.
In this case, no objections were file within the statutorily-mandated period; and this
court entered an order adopting the report and recommendation on August 25, 2016.
On September 12, 2016, Petitioner filed a motion for reconsideration of the
August 25 order, along with her objections to the June 30, 2016 report and
recommendation. Petitioner explains that she did not receive a copy of the report and
recommendation until July 12, 2016. Erring on the side of leniency, the court will
consider the objections timely filed.
Pursuant to Rule 72(b) of the Federal Rules of Civil Procedure, 28 U.S.C. §
636(b)(1)(B), and LR 72.1(E.D. Mich. March 1, 2010), the court has reviewed
Magistrate Judge Patricia T. Morris’ June 30, 2016 report and recommendation, as
well as petitioner Hartley-Daniels’ objections filed September 12, 2016. After
conducting a de novo review, the court affirms its previous adoption of the report and
recommendation and its granting of Defendants’ motions to dismiss. Accordingly, it
is hereby ORDERED that petitioner Hartley-Daniels’ motion for reconsideration is
DENIED.
s/John Corbett O'Meara
United States District Judge
Date: June 20, 2017
I hereby certify that a copy of the foregoing document was served upon the
parties of record on this date, June 20, 2017, using the ECF system and/or ordinary
mail.
s/William Barkholz
Case Manager
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