Sigers v. Michigan Department of Corrections, No. 2:2008cv13298 - Document 23 (E.D. Mich. 2008)
Court Description: OPINION AND ORDER finding as moot 9 Motion to Dismiss; adopting 18 Report and Recommendation. Signed by District Judge Patrick J Duggan. (MOre)
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION JASON SIGERS, Plaintiff, v. MICHIGAN DEPARTMENT OF CORRECTIONS, Defendant. Case No. 08-13298 Honorable Patrick J. Duggan / OPINION AND ORDER At a session of said Court, held in the U.S. District Courthouse, Eastern District of Michigan, on December 16, 2008. PRESENT: THE HONORABLE PATRICK J. DUGGAN U.S. DISTRICT COURT JUDGE On July 31, 2008, Plaintiff initiated this lawsuit against Defendant Michigan Department of Corrections ( MDOC ). MDOC responded to Plaintiff s complaint with a motion to dismiss, contending that it is immune from Plaintiff s claims pursuant to the Eleventh Amendment. Plaintiff subsequently filed a motion to amend his complaint with a proposed amended complaint that identified several individual defendants in lieu of MDOC. This Court referred MDOC s motion to dismiss to Magistrate Judge Michael Hluchaniuk for report and recommendation pursuant to 28 U.S.C. § 636(b)(1)(B). The Court also referred Plaintiff s motion to amend the complaint to Magistrate Judge Hluchaniuk for hearing and determination pursuant to 28 U.S.C. § 636(b)(1)(A). On October 31, 2008, Magistrate Judge Hluchaniuk issued an order granting Plaintiff s motion to amend his complaint.1 On the same date, the magistrate judge filed his Report and Recommendation (R&R) recommending that this Court grant MDOC s motion to dismiss. Magistrate Judge Hluchaniuk concludes in his R&R that, in light of the fact that Plaintiff no longer identifies MDOC as a defendant in his proposed amended complaint, MDOC s motion to dismiss is moot. At the conclusion of the R&R, Magistrate Judge Hluchaniuk advises the parties that they may object to and seek review of the R&R within ten days of service upon them. (R&R at 3.) He further specifically advises the parties that [f]ailure to file specific objections constitutes a waiver of any further right of appeal. (Id.) Neither party filed objections to the R&R. The Court has carefully reviewed the R&R and concurs with the conclusions reached by Magistrate Judge Hluchaniuk. Accordingly, IT IS ORDERED, that MDOC s motion to dismiss is DENIED AS MOOT. s/PATRICK J. DUGGAN UNITED STATES DISTRICT JUDGE Copies to: Magistrate Judge Michael Hluchaniuk Jason Sigers, #445206 Cooper Street Correctional Facility 3100 Cooper Street Jackson, MI 49201 Assistant Attorney General Julia R. Bell 1 The Court is accepting for filing the proposed amended complaint attached to Plaintiff s motion. 2
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