Salter v. Detroit, City of ( 2020 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION AARON SALTER Case No. 18-13136 Plaintiff, Stephanie Dawkins Davis v. United States District Judge CITY OF DETROIT and DONALD David R. Grand OLSEN, United States Magistrate Judge Defendants. ____________________________/ OPINION AND ORDER ACCEPTING AND ADOPTING THE MAGISTRATE JUDGE’S JUNE 8, 2020 REPORT AND RECOMMENDATION (ECF No. 39) Currently before the Court is Magistrate Judge David R. Grand’s June 8, 2020 Report and Recommendation concerning defendant Olsen’s Motion to Strike Denver Butler as an Expert Witness. (ECF No. 39). Salter seeks to proffer Butler’s testimony, including two opinions regarding the investigation and photographic lineup procedures at issue in this case. (Id. at PageID.1034). The magistrate judge recommends permitting most of Butler’s first opinion and disallowing the entirety of the second. (See generally id.) The Court is fully advised in the premises and has reviewed the record and the pleadings. Neither party has filed objections. “[T]he failure to object to the magistrate judge’s report[] releases the Court from its duty to independently review the matter.” Hall v. Rawal, 2012 WL 3639070, at *1 (E.D. Mich. Aug. 24, 2012) (citing Thomas v. Arn, 474 U.S. 140, 149 (1985)). The Court nevertheless agrees with the magistrate judge’s recommended disposition. Therefore, the Court ACCEPTS and ADOPTS the Magistrate Judge’s Report and Recommendation (ECF No. 39); and GRANTS IN PART AND DENIES IN PART Olsen’s Motion to Strike Denver Butler as an Expert Witness (ECF No. 28). IT IS SO ORDERED. Date: July 27, 2020 s/Stephanie Dawkins Davis Stephanie Dawkins Davis United States District Judge