Davis v. Malatinsky et al, No. 2:2012cv13761 - Document 18 (E.D. Mich. 2013)
Court Description: ORDER and OPINION Adopting the Magistrate Judge's October 10, 2013 Report and Recommendation 17 Granting Defendant's Motion to Dismiss 13 . Signed by District Judge Nancy G. Edmunds. (JCur)
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Davis v. Malatinsky et al Doc. 18 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION Richard V. Davis, II, Case No. 12-13761 Plaintiff, Honorable Nancy G. Edmunds v. William Malatinsky, Defendant. / ORDER AND OPINION ACCEPTING AND ADOPTING THE MAGISTRATE JUDGE’S OCTOBER 10, 2013 REPORT AND RECOMMENDATION [17] Before the Court is the magistrate judge’s October 10, 2013 report and recommendation. (Dkt. 17.) The magistrate judge recommended dismissing Plaintiff’s complaint with prejudice because the applicable statute of limitations bars Plaintiff’s claim. (Id.) The Court is fully advised in the premises and has reviewed the record and the pleadings. Neither party has filed objections. “[T]he failure to object to the magistrate judge’s report[] releases the Court from its duty to independently review the matter.” Hall v. Rawal, 09-10933, 2012 WL 3639070, at *1 (E.D.Mich. Aug. 24, 2012) (citation omitted). The Court nevertheless agrees with the magistrate judge’s recommendation. The Court therefore ACCEPTS and ADOPTS the magistrate judge’s report and recommendation. The Court therefore GRANTS Defendant’s motion to dismiss. (Dkt. 13.) So ordered. s/Nancy G. Edmunds Nancy G. Edmunds United States District Judge Dated: November 13, 2013 Dockets.Justia.com CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document was served upon counsel of record on November 13, 2013, by electronic and/or ordinary mail. s/Johnetta M. Curry-Williams Case Manager Acting in the Absence of Carol Hemeyer 2
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