Robinson v. Farlin ( 2023 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION CALVIN F. ROBINSON, Case No. 22-10751 Plaintiff, F. Kay Behm v. United States District Judge BRIAN FARLIN, et al., Elizabeth A. Stafford United States Magistrate Judge Defendants. ___________________________ / OPINION AND ORDER ACCEPTING AND ADOPTING THE MAGISTRATE JUDGE’S JULY 14, 2023 REPORT AND RECOMMENDATION (ECF No. 50) Currently before the Court is Magistrate Judge Stafford’s July 14, 2023 Report and Recommendation. (ECF No. 50). Magistrate Judge Stafford recommends that this matter be dismissed for failure to state a claim on which relief may be granted, based on the application of Heck v. Humphrey, 512 U.S. 477 (1994). 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. 50) and DISMISSES the complaint with prejudice. The Court notes that Magistrate Judge Stafford previously issued two Reports and Recommendations regarding Plaintiff’s motion for the release of his vehicle (ECF Nos. 36 and 46). Those Reports and Recommendations and all pending motions are TERMINATED as moot (ECF Nos. 29, 36, 43, 46), given the court’s dismissal of this lawsuit in its entirety. SO ORDERED. Date: August 3, 2023 s/F. Kay Behm F. Kay Behm United States District Judge