Evanish v. Flint Police Department ( 2022 )

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION MARQUE RAYMONT EVANISH, Plaintiff, v. CASE NO: 22-CV-10102 FLINT POLICE DEPARTMENT and MICHIGAN STATE POLICE, Defendants. / ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION This matter was referred to United States Magistrate Anthony P. Patti pursuant to 28 U.S.C. §636(b)(1)(B) and Local Rule 72.1. In his report filed on November 2, 2022, the magistrate judge recommended that this court grant Defendant Michigan State Police’s Motion to Dismiss (ECF No. 15) and Defendant Flint Police Department’s Amended Motion to Dismiss (ECF No. 17). No objections have been filed pursuant to 28 U.S.C.§ 636(b)(1)(C), thus further appeal rights are waived.1 The Court ADOPTS the Report and Recommendation for purposes of this Order. Accordingly, IT IS ORDERED that, for the reasons set forth in the Magistrate Judge’s Report and Recommendation, Defendant Michigan State 1The failure to object to the magistrate judge’s report releases the court from its duty to i ndependently review the motion. Thomas v. Arn, 474 U.S. 140, 149 (1985). Police’s Motion to Dismiss is GRANTED and Defendant Flint Police Department’s Amended Motion to Dismiss is GRANTED. S/Robert H. Cleland ROBERT H. CLELAND UNITED STATES DISTRICT JUDGE Dated: December 6, 2022 I hereby certify that a copy of the foregoing document was mailed to counsel of record and/or pro se parties on this date, December 6, 2022, by electronic and/or ordinary mail. S/Lisa Wagner Case Manager and Deputy Clerk (810) 292-6522