Smith v. Taylor-Pedersen et al

Filing 39

ORDER Adopting 38 Report and Recommendation, Signed by District Judge John Corbett O'Meara. (WBar)

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 April 30, 2018. Magistrate Judge Patti recommends that
the court dismiss Plaintiff’s claims against Defendants Theodore Johnson, Barbara
Brown, Daphne Johnson, and Denise Allsbery because Plaintiff’s complaint fails to
state a claim upon which relief may be granted. No objections 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. In light of
Plaintiff’s failure to object, the court will adopt the magistrate judge’s thorough
and well-reasoned report and recommendation.
Accordingly, IT IS HEREBY ORDERED that Magistrate Judge Patti’s April
30, 2018 report and recommendation is ADOPTED.
IT IS FURTHER ORDERED that Plaintiff’s complaint is DISMISSED
WITH PREJUDICE.
IT IS FURTHER ORDERED that Plaintiff’s request for appointment of
counsel is DENIED.
s/John Corbett O’Meara
United States District Judge
Date: May 24, 2018

I hereby certify that a copy of the foregoing document was served upon the
parties of record on this date, May 24, 2018, using the ECF system and/or ordinary
mail.

s/William Barkholz
Case Manager

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