Cain v. Detroit, City of ( 2021 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION DERRICK CAIN, 2:20-cv-11099-TGB-EAS Plaintiff, HON. TERRENCE G. BERG HON. ELIZABETH A. v. STAFFORD CITY OF DETROIT, ET AL., Defendants. ORDER ADOPTING REPORTS AND RECOMMENDATIONS (ECF NOS. 9, 10, 17) This matter is before the Court on two Reports and Recommendations from Magistrate Judge Elizabeth A. Stafford, one dated August 10, 2021 (ECF No. 25) recommending that the Motions to Dismiss of Defendant Jane Gillis and Defendant City of Detroit (ECF Nos. 9, 10) be DENIED, and another dated August 11, 2021 (ECF No. 26) recommending that Defendant Magistrate Dawn White’s Motion to Dismiss (ECF No. 17) be GRANTED. The Court has reviewed the Magistrate Judge’s Reports and Recommendations. 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 Reports and Recommendations of August 10, 2021 and August 11, 2021 as this Court’s findings of fact and conclusions of law. Accordingly, it is hereby ORDERED that Magistrate Judge Stafford’s Report and Recommendation of August 10, 2021 is ACCEPTED and ADOPTED. It is FURTHER ORDERED that Magistrate Judge Stafford’s Report and Recommendation of August 11, 2021 is ACCEPTED and ADOPTED. It is FURTHER ORDERED that the Motions to Dismiss of Defendant Jane Gillis and Defendant City of Detroit (ECF Nos. 9, 10) be DENIED. It is FURTHER ORDERED that Defendant Magistrate Dawn White’s Motion to Dismiss (ECF No. 17) be GRANTED. SO ORDERED. Dated: August 31, 2021 s/Terrence G. Berg TERRENCE G. BERG UNITED STATES DISTRICT JUDGE