Clemons v. Akron EMT ( 2019 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION RICHARD CLEMONS, 2:18-CV-12593-TGB Plaintiff, ORDER ADOPTING REPORT vs. AND RECOMMENDATION AND DISMISSING AKRON EMT et al., PLAINTIFF’S COMPLAINT Defendants. This matter is before the Court on Magistrate Judge Stephanie Dawkins Davis’s July 22, 2019 Report and Recommendation (ECF No. 16) recommending dismissal of Plaintiff’s Complaint with prejudice. The Court has reviewed the Magistrate Judge’s Report and Recommendation. The law provides that either party may serve and file written objections “[w]ithin fourteen days after being served with a copy” of a report and recommendation. 28 U.S.C. § 636(b)(1). The district court will make a “de novo determination of those portions of the report . . . to which objection is made.” Id. Where, as here, neither party objects to the report, the district court is not obligated to independently review the record. See Thomas v. Arn, 474 U.S. 140, 149-52 (1985). The Court will therefore accept the Magistrate’s Report and Recommendation of July 22, 2019 as this Court’s findings of fact and conclusions of law. Accordingly, it is hereby ORDERED that Magistrate Judge Davis’s Report and Recommendation of July 22, 2019 is ACCEPTED and ADOPTED. It is FURTHER ORDERED that Plaintiff’s Complaint is DISMISSED WITH PREJUDICE. SO ORDERED. Dated: August 19, 2019 s/Terrence G. Berg TERRENCE G. BERG UNITED STATES DISTRICT JUDGE Certificate of Service I hereby certify that this Order was electronically filed, and the parties and/or counsel of record were served on August 19, 2019. s/A. Chubb Case Manager