Hernandez #492576 v. Smith et al

Filing 81

ORDER ADOPTING REPORT AND RECOMMENDATION 78 re 73 : Defendants' motion to dismiss is GRANTED; case closed; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt)

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
CARLOS J. HERNANDEZ,
Plaintiff,
v.

Case No. 1:17-CV-327

WILLIE SMITH, et al.,

HON. GORDON J. QUIST

Defendants.
_____________________/
ORDER ADOPTING REPORT AND RECOMMENDATION
On October 30, 2018, Magistrate Judge Kent issued a Report and Recommendation
(R & R) recommending that the Court grant Defendants’ motion for dismissal of Plaintiff’s action
as a sanction for his failure to attend his deposition. The Court has reviewed the R & R. The
R & R was sent to Plaintiff on October 31, 2018. After Plaintiff notified the Court that his address
had changed, the R & R was resent to Plaintiff on November 14, 2018. No objections have been
filed pursuant to 28 U.S.C. § 636(b). Therefore, the Court will adopt the R & R.
THEREFORE, IT IS HEREBY ORDERED that the October 30, 2018, Report and
Recommendation (ECF No. 78) is approved and adopted as the Opinion of the Court.
IT IS FURTHER ORDERED that Defendants’ motion to dismiss Plaintiff’s case as a
sanction for failing to appear at his deposition is GRANTED for the reasons set forth in the R & R.
A separate judgment will enter.
This case is concluded.

Dated: December 17, 2018

/s/ Gordon J. Quist
GORDON J. QUIST
UNITED STATES DISTRICT JUDGE