Etefia v. Auburn Hills Police Department ( 2024 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION FLORENCE VICTORIA ETEFIA, Case No. 23-11775 Plaintiff, F. Kay Behm v. United States District Judge AUBURN HILLS POLICE DEPARTMENT, Curtis Ivy et al., United States Magistrate Judge Defendants. ____________________________/ OPINION AND ORDER ACCEPTING AND ADOPTING THE MAGISTRATE JUDGE’S APRIL 11, 2024 REPORT AND RECOMMENDATION (ECF No. 57) Currently before the court is Magistrate Judge Curtis Ivy’s April 11, 2024 Report and Recommendation. (ECF No. 57). Magistrate Judge Ivy recommends dismissing Defendant Ruza because he was not timely served with the summons and complaint and dismissing the Auburn Hills Defendants (the Auburn Hills Police Department, Fire Department, and Ambulance Service) based on Plaintiff’s expressed desire to dismiss these Defendants. 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 (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. 57) and DISMISSES Defendants Ruza and the Auburn Hills Defendants. All Defendants have now been dismissed. This is a final order and closes the case. SO ORDERED. Date: May 3, 2024 s/F. Kay Behm F. Kay Behm United States District Judge