Miller v. Martina ( 2024 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION MELVIN MILLER, 2:23-CV-10705-TGB-CI Plaintiff, HON. TERRENCE G. BERG HON. CURTIS IVY, JR. vs. MARTINA, ET AL., ORDER ADOPTING REPORT AND RECOMMENDATION Defendants.1 (ECF NO. 27) This matter is before the Court on Magistrate Judge Curtis Ivy, Jr.’s December 13, 2023 Report and Recommendation (ECF No. 27) recommending that Plaintiff’s complaint be dismissed with prejudice under Federal Rule of Civil Procedure 41(b), and terminating the Defendants’ Motion for Summary Judgment (ECF No. 17) as moot. The Court has reviewed Judge Ivy’s Report and Recommendation and finds that it is well-reasoned and supported by the applicable law. The law provides that either party may serve and file written objections “[w]ithin fourteen days after being served with a copy” of the report and recommendation. 28 U.S.C. § 636(b)(1). The district court will make a “de 1 Plaintiff’s complaint lists, in order, “Unknown Martina,” “Unknown Hernandez,” and three Jane Does as Defendants. ECF No. 1, PageID.1-2. It appears from Defendants’ filings that, among other labeling issues, the first name of the first Defendant is known, and their last name misspelled: This Defendant should properly be identified as “Juliana Martino.” ECF No. 17, PageID.26. For consistency, however, the Defendant’s misspelled mononym will remain. novo determination of those portions of the report … to which objection is made.” Id. Where, as here, neither party has lodged objections 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 Judge Ivy’s Report and Recommendation of December 13, 2023 as this Court’s findings of fact and conclusions of law. Accordingly, it is hereby ORDERED that Judge Ivy’s Report and Recommendation of December 13, 2023 (ECF No. 27) is ACCEPTED and ADOPTED. It is FURTHER ORDERED: 1. Defendants’ Motion for Summary Judgment (ECF No. 17) is DENIED AS MOOT. 2. This case is DISMISSED WITH PREJUDICE. This is a final order that closes this case. SO ORDERED this 5th day of January, 2024. Dated: January 5, 2024 /s/Terrence G. Berg HON. 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 via electronic and/or ordinary mail. Dated: January 5, 2024 By: /s/M. Lang Case Manager BY THE COURT: /s/Terrence G. Berg TERRENCE G. BERG United States District Judge