McClintock v. Furman ( 2019 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION Robert McClintock, Plaintiff, Case No. 17-cv-12741 v. Judith E. Levy United States District Judge Officer Furman, et al., Mag. Judge Stephanie Dawkins Defendants. Davis ________________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION [35] Before the Court is Magistrate Judge Davis’ Report and Recommendation recommending the Court dismiss plaintiff’s complaint (ECF No. 1) and deny defendants’ motions to dismiss (ECF Nos. 29, 30) as moot. The parties were required to file specific written objections within 14 days of service. Fed. R. Civ. P. 72(b)(2); E.D. Mich. L.R. 72.1(d). No objections were filed. The Court has nevertheless carefully reviewed the Report and Recommendation and concurs in the reasoning and result. Accordingly, The Report and Recommendation (ECF No. 35) is ADOPTED; Plaintiff’s complaint (ECF No. 1) is DISMISSED; and, Defendants’ motions to dismiss (ECF Nos. 29, 30) are DENIED.1 IT IS SO ORDERED. Dated: August 5, 2019 s/Judith E. Levy Ann Arbor, Michigan JUDITH E. LEVY United States District Judge CERTIFICATE OF SERVICE The undersigned certifies that the foregoing document was served upon counsel of record and any unrepresented parties via the Court’s ECF System to their respective email or First Class U.S. mail addresses disclosed on the Notice of Electronic Filing on August 5, 2019. s/Shawna Burns SHAWNA BURNS Case Manager 1 By failing to object to the Report and Recommendation, the parties have waived any further right of appeal. United States v. Archibald, 589 F.3d 289, 295–96 (6th Cir. 2009).