Caldwell v. Stokely-Hamden ( 2023 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION JAMES ANTHONY CALDWELL, Case No. 22-12233 Plaintiff, F. Kay Behm v. United States District Judge STOKELY-HAMDEN, et al., Kimberly G. Altman United States Magistrate Judge Defendants. ____________________________/ OPINION AND ORDER ACCEPTING AND ADOPTING THE MAGISTRATE JUDGE’S MAY 3, 2023 REPORT AND RECOMMENDATION (ECF No. 39) Currently before the Court is Magistrate Judge Kimberly G. Altman’s May 3, 2023 Report and Recommendation. (ECF No. 39). Magistrate Judge Altman recommends granting Defendants’ Bacon and Harbaugh’s motion to dismiss, and granting their motion for summary judgment in part as to Defendant Harbaugh. (ECF Nos. 39, 23). Judge Altman further recommends granting Defendants Stokely-Hamden and Onyango’s motion to dismiss. (ECF Nos. 39, 19). The Court is fully advised in the premises and has reviewed the record and the pleadings. Neither party has filed objections. “[T]he failure to object to the magistrate judge’s report[] releases the Court from its duty to independently review the matter.” Hall v. Rawal, 2012 WL 3639070 (E.D. Mich. Aug. 24, 2012) (citing Thomas v. Arn, 474 U.S. 140, 149 (1985)). The court nevertheless agrees with the Magistrate Judge’s recommended disposition. Therefore, the Court ACCEPTS and ADOPTS the Magistrate Judge’s Report and Recommendation (ECF No. 39), GRANTS Onyango and Stokely-Hamden’s motion to dismiss (ECF No. 19), GRANTS Defendants Bacon and Harbaugh’s motion to dismiss (ECF No. 23), and GRANTS their motion for summary judgment in part as to Defendant Harbaugh and DENIES their motion for summary judgment as to Defendant Bacon, and DISMISSES the complaint with prejudice. SO ORDERED. Date: May 31, 2023 s/F. Kay Behm F. Kay Behm United States District Judge