Deering v. Oakland County ( 2023 )

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION JUWAN DEERING, Case No. 22-11809 Plaintiff, v. Mark A. Goldsmith United States District Judge OAKLAND COUNTY, et al, Defendants. Curtis Ivy, Jr. ____________________________/ United States Magistrate Judge REPORT AND RECOMMENDATION TO DISMISS DEFENDANT PHILLIP TURNER The parties submitted a stipulation and proposed order signed by the parties who have appeared to amend the complaint (which was addressed in a separate Order) and to dismiss Defendant Phillip Turner without prejudice and without costs to either party. Federal Rule of Civil Procedure 41(a)(1)(A)(ii) allows a plaintiff to voluntarily dismiss a defendant without prejudice on stipulation signed by all parties who have appeared. Thus, the undersigned recommends that Defendant Phillip Turner be DISMISSED WITHOUT PREJUDICE and without costs to either party. The undersigned further recommends that Turner’s motion to dismiss (ECF No. 7) be TERMINATED AS MOOT. The parties to this action may object to and seek review of this Report and Recommendation, but are required to file any objections within 14 days of service, as provided for in Federal Rule of Civil Procedure 72(b)(2) and Local Rule 72.1(d). Failure to file specific objections constitutes a waiver of any further right of appeal. Thomas v. Arn, 474 U.S. 140 (1985); Howard v. Sec’y of Health and Hum. Servs., 932 F.2d 505 (6th Cir. 1981). Filing objections that raise some issues but fail to raise others with specificity will not preserve all the objections a party might have to this Report and Recommendation. Willis v. Sec’y of Health and Hum. Servs., 931 F.2d 390, 401 (6th Cir. 1991); Smith v. Detroit Fed’n of Teachers Loc. 231, 829 F.2d 1370, 1373 (6th Cir. 1987). Pursuant to Local Rule 72.1(d)(2), any objections must be served on this Magistrate Judge. Any objections must be labeled as “Objection No. 1,” “Objection No. 2,” etc. Any objection must recite precisely the provision of this Report and Recommendation to which it pertains. Not later than 14 days after service of an objection, the opposing party may file a concise response proportionate to the objections in length and complexity. Fed. R. Civ. P. 72(b)(2), Local Rule 72.1(d). The response must specifically address each issue raised in the objections, in the same order, and labeled as “Response to Objection No. 1,” “Response to Objection No. 2,” etc. If the Court determines that any objections are without merit, it may rule without awaiting the response. Date: April 18, 2023 s/Curtis Ivy, Jr. Curtis Ivy, Jr. United States Magistrate Judge