Hardrick v. Washington, No. 2:2022cv10189 - Document 12 (E.D. Mich. 2022)

Court Description: OPINION AND ORDER ADOPTING MAGISTRATE JUDGE'S JULY 22, 2022 11 REPORT AND RECOMMENDATION AND GRANTING DEFENDANT'S 4 MOTION TO DISMISS Signed by District Judge Linda V. Parker. (AFla)

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Hardrick v. Washington Doc. 12 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION DARIUS JAMAL HARDRICK, Plaintiff, Civil Case No. 22-10189 Honorable Linda V. Parker v. RAPHAEL RAY WASHINGTON, Defendant. __________________________________/ OPINION AND ORDER ADOPTING MAGISTRATE JUDGE’S JULY 22, 2022 REPORT AND RECOMMENDATION AND GRANTING DEFENDANT’S MOTION TO DISMISS Plaintiff commenced this lawsuit against Defendant on January 28, 2022. The matter has been assigned to Magistrate Judge Jonathan J.C. Grey for all pretrial proceedings, including a hearing and determination of all non-dispositive matters pursuant to 28 U.S.C. § 636(b)(1)(A) and/or a report and recommendation on all dispositive matters pursuant to 28 U.S.C. § 636(b)(1)(B). (ECF No. 6.) On March 9, Defendant filed a motion to dismiss (ECF No. 4), to which Plaintiff responded (ECF No. 9). On July 22, Magistrate Judge Grey issued a report and recommendation (“R&R”) recommending that the Court grant Defendant’s motion. (ECF No. 11.) At the conclusion of the R&R, Magistrate Judge Grey advises the parties that they may object to and seek review of the R&R within fourteen days of service upon Dockets.Justia.com them. (Id. at Pg ID 63.) Magistrate Judge Grey further specifically advises the parties that “[f]ailure to file specific objections constitutes a waiver of any further right to 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 Grey. The Court therefore adopts the R&R. Accordingly, IT IS ORDERED that Defendant’s motion to dismiss (ECF No. 4) is GRANTED. s/ Linda V. Parker LINDA V. PARKER U.S. DISTRICT JUDGE Dated: December 2, 2022 I hereby certify that a copy of the foregoing document was mailed to counsel of record and/or pro se parties on this date, December 2, 2022, by electronic and/or U.S. First Class mail. s/Aaron Flanigan Case Manager 2

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