Taylor v. Jackson ( 2020 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION KENNETH TAYLOR, Case No. 19-12548 Plaintiff, Stephanie Dawkins Davis v. United States District Judge JANET JACKSON, in her official David R. Grand capacity as Oakland County United States Magistrate Judge Commissioner, et al., Defendants. ____________________________/ OPINION AND ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION (ECF No. 40) Currently before the court is Magistrate Judge David R. Grand’s July 14, 2020 Report and Recommendation concerning the five motions to dismiss, (ECF Nos. 9, 10, 11, 14, and 19), pending in this case. (ECF No. 40). In short, this matter concerns alleged violations of Taylor’s constitutional, statutory, and state common law rights resulting from a tax foreclosure of his home. (ECF No. 1). The Magistrate Judge recommends granting Defendants’ motions to dismiss and dismissing Taylor’s complaint in its entirety. (See generally ECF No. 40). Neither party has filed objections to the Magistrate Judge’s Report and Recommendation, and the 14-day time period for filing objections has expired. See 28 Fed. R. Civ. P. 72(b)(2); E.D. Mich. L.R. 72.1(d). “[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, No. 09-10933, 2012 WL 3639070, at *1 (E.D. Mich. Aug. 24, 2012) (citing Thomas v. Arn, 474 U.S. 140, 149 (1985)). The court, therefore, finds that the parties have waived further review of the Magistrate Judge’s Report. Nevertheless, on review of the briefs and the Magistrate Judge’s Report and Recommendation, the court agrees with the Magistrate Judge’s recommended disposition. Therefore, the court ACCEPTS and ADOPTS the Magistrate Judge’s Report and Recommendation, (ECF No. 40). Consequently, the court GRANTS Defendants’ motions to dismiss, (ECF Nos. 9, 10, 11, 14, and 19), and DISMISSES Taylor’s Complaint in its entirety. IT IS SO ORDERED. Date: November 12, 2020 s/Stephanie Dawkins Davis Stephanie Dawkins Davis United States District Judge