Barber v. Tim Horton Corporation et al, No. 2:2022cv10665 - Document 14 (E.D. Mich. 2022)

Court Description: OPINION AND ORDER ACCEPTING AND ADOPTING THE MAGISTRATE JUDGES 13 REPORT AND RECOMMENDATION AND DISMISSING THE CASE FOR FAILURE TO EFFECTUATE SERVICE. Signed by District Judge Bernard A. Friedman. (JCur)

Download PDF
Barber v. Tim Horton Corporation et al Doc. 14 Case 2:22-cv-10665-BAF-JJCG ECF No. 14, PageID.47 Filed 10/31/22 Page 1 of 2 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION LARRY BARBER, Plaintiff, vs. Civil Action No. 22-cv-10665 HON. BERNARD A. FRIEDMAN MAG. JONATHAN J.C. GREY TIM HORTON CORP., et al. Defendants. ______________________________/ OPINION AND ORDER ACCEPTING AND ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION AND DISMISSING THE CASE FOR FAILURE TO EFFECTUATE SERVICE Before the Court is Magistrate Judge Jonathan J.C. Grey’s September 26, 2022 report and recommendation. (ECF No. 13). The report recommends that the Court dismiss the complaint sua sponte because plaintiff Larry Barber failed to effectuate service of process and prosecute this case. (Id., PageID.45). Barber did not object to the report and recommendation pursuant to Fed. R. Civ. P. 72(b)(2). This Court had an opportunity to fully review the matter and believes the magistrate judge reached the correct conclusions for the proper reasons. Accordingly, Dockets.Justia.com Case 2:22-cv-10665-BAF-JJCG ECF No. 14, PageID.48 Filed 10/31/22 Page 2 of 2 IT IS ORDERED that Magistrate Judge Jonathan J.C. Grey’s September 26, 2022 report and recommendation (ECF No. 13) is hereby accepted and adopted. IT IS FURTHER ORDERED that the complaint is dismissed without prejudice for failure to effectuate service and to prosecute this matter. Fed. R. Civ. P. 4(m), 41(b), and E.D. Mich. LR 41.2. Dated: October 31, 2022 Detroit, Michigan s/Bernard A. Friedman Bernard A. Friedman Senior United States District Judge CERTIFICATE OF SERVICE The undersigned certifies that a copy of the foregoing order was served upon each attorney or party of record herein by electronic means or first-class U.S. mail on October 31, 2022. Larry Barber 1701 Heatherwood Dr. No. 104 Inkster, MI 48141 s/Johnetta M. Curry-Williams Case Manager 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.