McCoy v. Fowler ( 2024 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION Deonte’ McCoy, Plaintiff, Case No. 22-cv-12237 v. Honorable Susan K. DeClercq Nicholas Fowler, et al., Defendant. _______________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION On August 15, 2024, Magistrate Judge Altman issued a report recommending that Defendants’ Motion for Summary Judgment (ECF No. 49) be granted. Neither party filed objections within the fourteen day period pursuant to Fed.R.Civ.P 72(b) and 28 U.S.C. § 636(b)(1). They therefore have forfeited their right to appeal Judge Altman’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). Moreover, there is no prejudicial clear error in the report. Accordingly, it is ORDERED that the Report and Recommendation (ECF No. 49) is ADOPTED. Further, it is ORDERED that Defendants’ Motion for Summary Judgement (ECF No. 39) is GRANTED. This is a final order and closes the case. /s/ Susan K. DeClercq SUSAN K. DeCLERCQ United States District Judge Dated: September 16, 2024