Bean #253562 v. Tribley et al

Filing 84

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 72 ; plaintiff shall not be permitted to call as witnesses the 27 non-Defendant witnesses listed in the parties' proposed Joint Final Pre-Trial Order and those witnesses shall be stricken from the Final Pretrial Order ; signed by Judge Robert Holmes Bell (Judge Robert Holmes Bell, kcb)

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MICHIGAN
NORTHERN DIVISION
RAFAEL BEAN,
Plaintiff,
v.

Case No. 2:11-CV-427
HON. ROBERT HOLMES BELL

JOHN HILL and SCOTT NADEAU,
Defendants.
____________________________________/
ORDER APPROVING AND ADOPTING
MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
On February 12, 2015, Magistrate Judge Timothy P. Greeley issued a Report and
Recommendation (“R&R”) (ECF No. 72) recommending that Plaintiff not be permitted to call 27
proposed witnesses—other than Defendants Hill and Nadeau— due to failure to serve subpoenas in
the matter required. This matter is before the Court on Plaintiff’s objections to the R&R.(ECF No.
81.)
This Court makes a de novo determination of those portions of an R&R to which specific
objections are made. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). “[A] general objection to a
magistrate’s report, which fails to specify the issues of contention, does not satisfy the requirement
that an objection be filed. The objections must be clear enough to enable the district court to discern
those issues that are dispositive and contentious.” Miller v. Currie, 50 F.3d 373, 380 (6th Cir. 1995).
The Court may accept, reject, or modify any or all of the Magistrate Judge’s findings or
recommendations. Id.
Plaintiff objects to the Magistrate Judge’s recommendation on the grounds that he does not
have sufficient legal training to know how to call individuals as witnesses. However, Plaintiff

received a Notice (ECF No. 53) from the Court stating the relevant directions and Federal Rules of
Procedure applicable to service of a subpoena.
Accordingly,
IT IS HEREBY ORDERED that the Magistrate Judge’s February 12, 2015, R&R (ECF No.
72) is APPROVED and ADOPTED as the Opinion of the Court.
IT IS FURTHER ORDERED that Plaintiff shall not be permitted to call as witnesses the
27 non-Defendant witnesses listed in the parties’ proposed Joint Final Pre-Trial Order and that those
witnesses shall be stricken from the Final Pretrial Order.

Dated: February 27, 2015

/s/ Robert Holmes Bell
ROBERT HOLMES BELL
UNITED STATES DISTRICT JUDGE