Arnold v. Hutchinson et al

Filing 36

ORDER Adopting 35 Report and Recommendation. Signed by District Judge Judith E. Levy. (SBur)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
Earl Arnold,
Plaintiff,

Case No. 16-cv-13403

v.

Judith E. Levy
United States District Judge

Craig Hutchinson et al.,
Mag. Judge Mona K. Majzoub
Defendants.
________________________________/
ORDER ADOPTING REPORT AND RECOMMENDATION [35]
Before the Court is Magistrate Judge Mona K. Majzoub’s Report
and Recommendation recommending the Court GRANT defendant
Hutchinson’s motion to dismiss pursuant to Fed. R. Civ. P. 41(b) and
Fed. R. Civ. P. 37(b)(2)(A), and DENY AS MOOT defendant
Hutchinson’s motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6).
The parties were required to file specific written objections within
14 days of service. Fed. R. Civ. P. 72(b)(2); E.D. Mich. L.R. 72.1(d). No
objections were filed. The parties, by failing to object to the Report and

1

Recommendation, have waived any further right of appeal.

United

States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981).
The Court has reviewed this case in its entirety, and finds that the
Magistrate Judge’s Report and Recommendation is well founded.
Accordingly, the Report and Recommendation (Dkt. 35) is ADOPTED.
Defendant Hutchinson’s motion to dismiss pursuant to Fed. R. Civ. P.
41(b) and Fed. R. Civ. P. 37(b)(2)(A) is GRANTED.

(Dkt. 30.)

Defendant Hutchinson’s motion to dismiss pursuant to Fed. R. Civ. P.
12(b)(6) is DENIED AS MOOT. (Dkt. 25.)
IT IS SO ORDERED.
Dated: March 27, 2018
Ann Arbor, Michigan

s/Judith E. Levy
JUDITH E. LEVY
United States District Judge

CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing document was served
upon counsel of record and any unrepresented parties via the Court’s
ECF System to their respective email or First Class U.S. mail addresses
disclosed on the Notice of Electronic Filing on March 27, 2018.
s/Shawna Burns
SHAWNA BURNS
Case Manager

2