Davis-Stone v. Edwards ( 2022 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN NORTHERN DIVISION LEPORIAN DAVIS-STONE, Plaintiff, Case No. 1:20-cv-11529 v. Honorable Thomas L. Ludington United States District Judge LAWRENCE EDWARDS, Honorable Elizabeth A. Stafford Defendant. United States Magistrate Judge ________________________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION, GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT, DISMISSING PLAINTIFF’S CLAIMS WITHOUT PREJUDICE, AND OVERRULING OBJECTION AS MOOT On October 26, 2022, Magistrate Judge Elizabeth A. Stafford issued a report and recommendation (R&R) recommending granting Defendant’s Motion for Summary Judgment and dismiss Plaintiff’s Complaint without prejudice. ECF No. 25 at PageID.234. The R&R states that Plaintiff could object to and seek review of the R&R within 14 days of service. But Plaintiff’s objections, dated one day too late and postmarked three days too late, are untimely. See ECF No. 26. Because Plaintiff did not timely file objections, he has waived his right to appeal Judge Stafford’s findings. See Thomas v. Arn, 474 U.S. 140, 149 (1985). Accordingly, it is ORDERED that Judge Stafford’s Report and Recommendation, ECF No. 25, is ADOPTED; Defendant’s Motion for Summary Judgment, ECF No. 19, is GRANTED; Plaintiff’s Complaint, ECF No. 1, is DISMISSED WITHOUT PREJUDICE; and Plaintiff’s Objection, ECF No. 26, is OVERRULED AS MOOT. This is a final order and closes the above-captioned case. Dated: November 21, 2022 s/Thomas L. Ludington THOMAS L. LUDINGTON United States District Judge