Alger v. McDowell ( 2022 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION JOSHUA L. ALGER, SR., Case No. 19-12889 Plaintiff, Stephanie Dawkins Davis V. United States District Judge MCDOWELL, et al, Defendants. / OPINION AND ORDER ACCEPTING AND ADOPTING THE MAGISTRATE JUDGE’S DECEMBER 27, 2021 REPORT AND RECOMMENDATION (ECE No. 50) Currently before the Court is Magistrate Judge Curtis Ivy, Jr.’s December 27, 2021 Report and Recommendation. (ECF No. 50). Magistrate Judge Ivy screened Plaintiff's Amended Complaint, recommends dismissing the conspiracy claims in whole along with a number of newly named defendants, and recommends denying the motion to transfer venue or sever without prejudice. 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 (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. 50), DISMISSES Plaintiff's conspiracy claims, DISMISSES defendants Sgt. Curtis, Lt. Lavine, Unknown Captain #1, Unknown Captain #2, Bridges, Leach, O’Brien, Theut, Goodspeed, MacLaren, Mackie, Ball, Unknown Warden, Unknown Deputy Warden, Unknown Unit Chief, Beauvais, Posios, Patrick, Stephenson, and Golson and DENIES the motion to transfer this matter to the Western District of Michigan, or sever, without prejudice. IT IS SO ORDERED. Date: February 14, 2022 s/Stephanie Dawkins Davis Stephanie Dawkins Davis United States District Judge CERTIFICATE OF SERVICE I certify that on February 14, 2022, I filed the foregoing paper with the Clerk of the Court using the ECF system which will send electronic notification to all counsel of record and I mailed by United States Postal Service to the following non-ECF participant: s/Richard Loury Case Manager (810) 341-7887 richard_loury@mied.uscourts.gov