Johnson v. Donahoe

Filing 14

OPINION AND ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 11 , Defendant's motion to dismiss 4 is GRANTED and Plaintiff's Complaint 1 is DISMISSED; Judgment to issue; signed by Judge Janet T. Neff (Judge Janet T. Neff, clb)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

ANTOINETTE H. JOHNSON,
Plaintiff,

Case No. 1:14-cv-1041

v

HON. JANET T. NEFF

PATRICK R. DONAHOE,
Defendant.
_______________________________/
OPINION AND ORDER
Plaintiff, proceeding pro se, initiated the present action against Defendant Patrick Donahoe,
the Postmaster General of the United States Postal Service (USPS). On December 5, 2014,
Defendant filed a Motion to Dismiss (Dkt 4), arguing that Plaintiff’s complaint is barred as untimely
and that it additionally fails to state a claim on which relief can be granted. The matter was referred
to the Magistrate Judge, who issued a Report and Recommendation (R&R, Dkt 11), recommending
that this Court grant Defendant’s motion and dismiss this action.
Plaintiff has filed a purported “objection” to the Report and Recommendation (Dkt 12), but
she fails to address, let alone present any substantive challenge to, the Magistrate Judge’s findings
and recommendation. See W.D. Mich. LCivR 72.3(b) (requiring an objecting party to “specifically
identify the portions of the proposed findings, recommendations or report to which objections are
made and the basis for such objections”). Therefore, in accordance with 28 U.S.C. § 636(b)(1) and
Fed. R. Civ. P. 72(b)(3), the Court denies the objection and adopts the Magistrate Judge’s Report
and Recommendation as the Opinion of this Court. Further, a Judgment will be entered consistent
with this Opinion and Order. See FED. R. CIV. P. 58.

Therefore:
IT IS HEREBY ORDERED that Plaintiff’s Objections (Dkt 12) are DENIED, and the
Report and Recommendation (Dkt 11) is APPROVED and ADOPTED as the Opinion of the Court.
IT IS FURTHER ORDERED that Defendant’s Motion to Dismiss (Dkt 4) is GRANTED,
and Plaintiff’s Complaint (Dkt 1) is DISMISSED.

/s/ Janet T. Neff
JANET T. NEFF
United States District Judge

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Date: September ___, 2015

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