Brown v. Matauszak et al, No. 2:2007cv11312 - Document 44 (E.D. Mich. 2009)
Court Description: OPINION AND ORDER granting 41 Motion to Dismiss; adopting 43 Report and Recommendation on 43 Report and Recommendation, 16 Motion for Summary Judgment,, 41 Motion to Dismiss,. Signed by District Judge Patrick J Duggan. (MOre)
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ROY L. BROWN, Plaintiff, Case No. 07-11312 Honorable Patrick J. Duggan v. LINDA MATAUSZAK, COLLEEN KOENIG, and JAN TROMBLEY, Defendants. / OPINION AND ORDER GRANTING DEFENDANTS MOTION TO DISMISS At a session of said Court, held in the U.S. District Courthouse, Eastern District of Michigan, on September 1, 2009. PRESENT: THE HONORABLE PATRICK J. DUGGAN U.S. DISTRICT COURT JUDGE Plaintiff filed this pro se civil rights action against Defendants pursuant to 42 U.S.C. ยง 1983, alleging that his constitutional rights were violated when he failed to receive legal mail from the Michigan Court of Appeals. Plaintiff currently is incarcerated at the Chippewa Correctional Facility. On May 22, 2009, Defendants filed a motion to dismiss. The Court referred this matter to Magistrate Judge Charles Binder for all pretrial proceedings in an order dated February 18, 2009. On August 6, 2009, Magistrate Judge Binder issued a Report and Recommendation (R&R) recommending that this Court grant Defendants motion. At the conclusion of his R&R, Magistrate Judge Binder advises the parties that they may object and seek review of the R&R within ten days of service upon them. (R&R at 7.) He further specifically advises the parties that [f]ailure to file specific objections constitutes a waiver of any further right to appeal. (Id., citing, Thomas v. Arn, 474 U.S. 140 (1985); Howard v. Sec y of Health and Human Servs., 932 F.2d 505 (6th Cir. 1991); and United States v. Walters, 638 F.2d 947 (6th Cir. 1981).) 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 Binder. Accordingly, IT IS ORDERED, that Defendants motion to dismiss is GRANTED. s/PATRICK J. DUGGAN UNITED STATES DISTRICT JUDGE Copies to: Roy L. Brown, #217108 Chippewa Correctional Facility 4269 West M-80 Kincheloe, MI 49784 Julia Bell, Esq. Magistrate Judge Charles E. Binder 2
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