White v. Neil ( 2023 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN NORTHERN DIVISION DEALTO WHITE, Plaintiff, Case No. 1:22-cv-12941 v. Honorable Thomas L. Ludington United States District Judge DYLAN JAY NEIL, et al., Honorable Patricia T. Morris Defendants. United States Magistrate Judge ________________________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING PLAINTIFF’S COMPLAINT This matter is before this Court upon Magistrate Judge Patricia T. Morris’s Report and Recommendation (R&R) recommending that the undersigned sua sponte dismiss Plaintiff’s claims against Defendants Casper and Neil without prejudice under 28 U.S.C. § 1915(e)(2)(B) for not stating a claim upon which relief could be granted, ECF No. 6 at PageID.24, and dismiss Plaintiff’s claims against Defendant Michigan State Police with prejudice because this Court lacks jurisdiction under the Eleventh Amendment, id. at PageID.19. The R&R provides that Plaintiff could object to and seek review of the R&R within 14 days of service. But Plaintiff’s objections, electronically filed on January 9, 2023, are untimely. See ECF No. 8. Because Plaintiff did not timely file objections, he has waived his right to appeal Judge Morris’s findings. See Thomas v. Arn, 474 U.S. 140, 149 (1985). Accordingly, it is ORDERED that Magistrate Judge Morris’s Report and Recommendation, ECF No. 6, is ADOPTED. Further, it is ORDERED that Plaintiff’s Complaint, ECF No. 1, is DISMISSED. Further, it is ORDERED that Plaintiff’s claims against Defendant Michigan State Police, ECF No. 1, are DISMISSED WITH PREJUDICE. Further, it is ORDERED that Plaintiff’s claims against Defendants Dylan Neil and Colonel Joseph Casper, ECF No. 1, are DISMISSED WITHOUT PREJUDICE. Dated: January 10, 2023 s/Thomas L. Ludington THOMAS L. LUDINGTON United States District Judge