Thurmond v. Warren et al

Filing 30

ORDER ADOPTING THE REPORT AND RECOMMENDATION TO DISMISS PLAINTIFFS COMPLAINT 22 AND TO DENY PLAINTIFFS MOTION FOR TEMPORARY RESTRAINING ORDER 26 AND DISMISSING CASE. Signed by District Judge Judith E. Levy. (TBan)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

Dawan Pierce Thurmond,
Plaintiff,

Case No. 17-cv-10088
Judith E. Levy
United States District Judge

v.
Cove Map Fund, LLC, et al.,

Mag. Judge David R. Grand
Defendants.
________________________________/
ORDER ADOPTING THE REPORT AND RECOMMENDATION
TO DISMISS PLAINTIFF’S COMPLAINT [22] AND TO DENY
PLAINTIFF’S MOTION FOR TEMPORARY RESTRAINING
ORDER [26] AND DISMISSING CASE
Before the Court are Magistrate Judge David Grand’s Report and
Recommendation that the Court sua sponte dismiss plaintiff’s amended
complaint (Dkt. 22) and his Report and Recommendation that the Court
deny plaintiff’s motion for a temporary restraining order and preliminary
injunction against defendant Wells Fargo Bank. (Dkt. 26.)
Judge Grand’s Report and Recommendation regarding the
dismissal of the complaint was issued on February 8, 2017. Following

plaintiff’s motion to extend the time to file objections, objections to the
Report and Recommendation were due by March 6, 2017. (Dkt. 24.)
Judge Grand’s Report and Recommendation regarding denial of the
motion for temporary restraining order and preliminary injunction was
issued on February 27, 2017. The parties were required to file specific
written objections to that Report and Recommendation within 14 days of
service, or by March 13, 2017. Fed. R. Civ. P. 72(b)(2); E.D. Mich. Local
R. 72.1(d).
Rather than file objections, on March 6, 2017, plaintiff filed a
motion to withdraw his amended complaint pursuant to Fed. R. Civ. P.
41(a)(2).

(Dkt. 29.)

Rule 41(a)(2) provides that “an action may be

dismissed at the plaintiff’s request only by court order, on terms that the
court considers proper.” Because Magistrate Judge Grand’s Reports and
Recommendations recommend dismissal of the complaint and the motion
for a temporary restraining order, the Court will first review those before
determining whether to grant plaintiff’s motion to withdraw his
complaint.
On review of the Reports and Recommendations, which are
thorough and well-founded:
2

The Reports and Recommendations (Dkt. 22, 26) are ADOPTED;
Plaintiff’s

motion

for

a

temporary

restraining

order

and

preliminary injunction against Wells Fargo Bank (Dkt. 11) is DENIED;
Defendant Cove Map Fund LLC’s motion to dismiss (Dkt. 28) is
DENIED AS MOOT;
Plaintiff’s motion for leave to file a video in the traditional manner
(Dkt. 8) is DENIED AS MOOT;
Plaintiff’s motion to withdraw his complaint (Dkt. 29) is DENIED
AS MOOT; and
This case is DISMISSED WITH PREJUDICE.
IT IS SO ORDERED.
Dated: March 21, 2017
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 21, 2017.
s/Felicia M. Moses
FELICIA M. MOSES
Case Manager
3

4