Smith v. Taylor-Pedersen et al

Filing 36

ORDER Adopting 30 Report and Recommendation re 18 Motion to Dismiss filed by Teri Taylor-Pedersen, 16 Motion to Dismiss filed by A. Laws Wright, Michelle Risley, Signed by District Judge John Corbett O'Meara. (WBar)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION STEPHEN SMITH, Plaintiff, Case No. 17-11532 v. Hon. John Corbett O’Meara Magistrate Judge Anthony P. Patti TERI TAYLOR-PEDERSEN, MICHELLE RISLEY, A. LAWS WRIGHT, THEODORE JOHNSON, BARBARA BROWN, DAPHNE JOHNSON, and DENISE ALLSBERRY, Defendants. ______________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION Before the court is Magistrate Judge Anthony P. Patti’s report and recommendation dated December 27, 2017. Magistrate Judge Patti recommends that the court grant Defendants Teri Taylor-Pedersen, A. Laws Wright, and Michelle Risley’s motions to dismiss. Specifically, Magistrate Judge Patti recommends that the court dismiss all claims that Plaintiff brings under 42 U.S.C. § 1983 or criminal statutes with prejudice, and all Plaintiff’s state law claims without prejudice. No objections to the report and recommendation have been filed. With respect to reports and recommendations from magistrate judges, this court “shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.” 28 U.S.C. § 636(b)(1)(C). The court “may accept, reject or modify, in whole or in part, the findings or recommendations made by the magistrate.” Id. With no objections having been filed, the court finds no basis to disturb the magistrate judge’s well-supported analysis and conclusions. Accordingly, IT IS HEREBY ORDERED that Magistrate Judge Patti’s December 27, 2017 report and recommendation is ADOPTED. IT IS FURTHER ORDERED that Defendants Teri Taylor-Pedersen, A. Laws Wright, and Michelle Risley’s motions to dismiss are GRANTED. s/John Corbett O’Meara United States District Judge Date: February 6, 2018 I hereby certify that a copy of the foregoing document was served upon the parties of record on this date, February 6, 2018, using the ECF system and/or ordinary mail. s/William Barkholz Case Manager -2-

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