Brown v. Midland County ( 2023 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN NORTHERN DIVISION KELVIN RAYSHAWN-LAMOUNT BROWN, Plaintiff, Case No. 1:21-cv-11701 v. Honorable Thomas L. Ludington United States District Judge MIDLAND COUNTY et al., Honorable Curtis Ivy, Jr. Defendants. United States Magistrate Judge ________________________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION, DISMISSING CASE FOR FAILURE TO PROSECUTE, AND DENYING REMAINING MOTIONS AS MOOT Plaintiff Kelvin Rayshawn-Lamount Brown filed a pro se complaint under 42 U.S.C. § 1983 alleging excessive force from a taser. ECF No. 1. Defendants filed motions to dismiss, to extend the scheduling order, and for summary judgment. ECF Nos. 18; 19. 20. On April 4, 2023, Magistrate Judge Curits Ivy, Jr., issued a report recommending that the case be dismissed and the pending motions be denied as moot because Plaintiff has abandoned his case. ECF No. 24. Judge Ivy provided 14 days to object, but the parties did not do so. They have therefore forfeited their right to appeal Judge Ivy’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)). There is no clear error in the report. Accordingly, it is ORDERED that Magistrate Judge Ivy’s Report and Recommendation, ECF No. 24, is ADOPTED. Further, it is ORDERED that Defendants’ Motion to Dismiss, ECF No. 18, is DENIED AS MOOT. Further, it is ORDERED that Defendants’ Motion to Extend Scheduling Order, ECF No. 19, is DENIED AS MOOT. Further, it is ORDERED that Defendants’ Motion for Summary Judgment, ECF No. 20, is DENIED AS MOOT. Further, it is ORDERED that the above-captioned case is DISMISSED WITHOUT PREJUDICE, costs, or fees. This is a final order and closes the above-captioned case. Dated: May 2, 2023 s/Thomas L. Ludington THOMAS L. LUDINGTON United States District Judge