Stewart v. Wayne County Probate Court ( 2024 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION BRIDGET STEWART, Plaintiff, Case No. 2:23-cv-12296 v. Honorable Susan K. DeClercq United States District Judge WAYNE COUNTY PROBATE COURT et al., Honorable David R. Grand United States Magistrate Judge Defendants. _________________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION, DENYING WITHOUT PREJUDICE DEFENDANTS’ MOTION TO DISMISS, GRANTING LEAVE TO AMEND COMPLAINT, AND GRANTING LEAVE TO FILE SECOND MOTION TO DISMISS On April 12, 2024, Magistrate Judge David R. Grand issued a report recommending that this Court deny Defendants’ motion to dismiss and grant Plaintiff leave to amend the complaint. ECF No. 32. Judge Grand provided 14 days to object, but the parties did not do so. They have therefore forfeited their right to appeal Judge Grand’s findings. See Berkshire v. Dahl, 928 F.3d 520, 530–31 (6th Cir. 2019) (citing Thomas v. Arn, 474 U.S. 140, 149 (1985)). Moreover, there is no prejudicial clear error in the report. Accordingly, it is ORDERED that the Report and Recommendation, ECF No. 32, is ADOPTED, Further, it is ORDERED that Defendants’ Motion to Dismiss, ECF No. 12, is DENIED WITHOUT PREJUDICE. Further, it is ORDERED that Plaintiff is GRANTED leave to file an amended complaint on or before May 30, 2024. Further, it is ORDERED that Defendants are GRANTED leave to file a second motion to dismiss on or before 21 days after being served with the amended complaint. Dated: May 2, 2024 /s/Susan K. DeClercq SUSAN K. DeCLERCQ United States District Judge