Jackson #282320 v. Straub et al

Filing 82

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 81 ; GRANTING 64 , plaintiff's claims are dismissed with prejudice ; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, kad)

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UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN NORTHERN DIVISION CURTIS O. JACKSON, Plaintiff, Case No. 2:11-cv-261 v. HON. GORDON J. QUIST DENNIS STRAUB, et al., Defendants. / ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION On December 12, 2012, the Magistrate Judge issued a Report and Recommendation recommending that Defendant Alexander’s Motion to Dismiss Under Rule 37(b) and (d) and Rule 41(b) of the Federal Rules of Civil Procedure be granted based on Plaintiff’s refusal and/or failure to cooperate at his deposition ordered by the Court. The Magistrate Judge also recommended that the Court award Defendant Alexander $52.40 in costs for expenses for the court reporter’s appearance at the deposition and preparation of a transcript of Plaintiff objecting to the proceedings. The Report and Recommendation was duly served on Plaintiff on December 12, 2012. No objections have been filed pursuant to 28 U.S.C. § 636(b)(1). THEREFORE, IT IS ORDERED that the Report and Recommendation of the Magistrate Judge, filed December 12, 2012, is approved and adopted as the opinion of the Court. IT IS FURTHER ORDERED that Defendant Alexander’s Motion to Dismiss (docket no. 64) is GRANTED, and Plaintiff’s claims are DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED that Defendant Alexander is awarded $52.40 in costs against Plaintiff. A separate judgment will enter. This case is concluded. Dated: January 22, 2013 /s/ Gordon J. Quist GORDON J. QUIST UNITED STATES DISTRICT JUDGE 2

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