Fluker v. Worpell ( 2023 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN NORTHERN DIVISION ANTONIO LYNN FLUKER, Plaintiff, Case No. 1:22-cv-12045 v. Honorable Thomas L. Ludington United States District Judge STEVEN WORPELL, Honorable Patricia T. Morris Defendant. United States Magistrate Judge __________________________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION (ECF NO. 8) AND DISMISSING PLAINTIFF’S REQUEST FOR MONETARY DAMAGES On September 21, 2022, Magistrate Judge Patricia T. Morris issued a report recommending that the undersigned this Court sua sponte dismiss Plaintiff’s request for monetary damages and permit “his Equal Protection and Substantive Due Process claims under the Fourteenth Amendment seeking injunctive relief” to proceed. ECF No. 8 at PageID.51. Judge Morris gave Plaintiff 14 days to object, but Plaintiff said he has “no objections.” ECF No. 10 at PageID.54. Therefore, he has waived his right to appeal Judge Morris’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)). Accordingly, it is ORDERED that Judge Morris’s Report and Recommendation, ECF No. 8, is ADOPTED. Further, it is ORDERED that Plaintiff’s request for monetary damages, ECF No. 1, at PageID.5 is DISMISSED. This is not a final order and does not close the above-captioned case. Dated: May 2, 2023 s/Thomas L. Ludington THOMAS L. LUDINGTON United States District Judge