Canoy v. Michigan, State of et al, No. 2:2022cv10695 - Document 30 (E.D. Mich. 2022)

Court Description: OPINION AND ORDER ACCEPTING AND ADOPTING THE MAGISTRATE JUDGE'S 29 REPORT AND RECOMMENDATION, GRANTING DEFENDANTS' 24 25 MOTIONS TO DISMISS THE AMENDED COMPLAINT, AND DENYING PLAINTIFF'S 27 MOTION TO STRIKE THE MOTIONS TO DISMISS AS MOOT. Signed by District Judge Bernard A. Friedman. (JCur)

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Canoy v. Michigan, State of et al Doc. 30 Case 2:22-cv-10695-BAF-CI ECF No. 30, PageID.158 Filed 10/31/22 Page 1 of 2 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION DARIO CANOY, Plaintiff, vs. Civil Action No. 22-cv-10695 HON. BERNARD A. FRIEDMAN MAG. CURTIS IVY, JR. STATE OF MICHIGAN, et al. Defendants. ______________________________/ OPINION AND ORDER ACCEPTING AND ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION, GRANTING DEFENDANTS’ MOTIONS TO DISMISS THE AMENDED COMPLAINT, AND DENYING PLAINTIFF’S MOTION TO STRIKE THE MOTIONS TO DISMISS AS MOOT Before the Court is Magistrate Judge Curtis Ivy, Jr.’s September 28, 2022 Report and Recommendation. (ECF No. 29). The report recommends that the Court (1) grant the Michigan State Police and the Detroit Police Department’s separate motions to dismiss the amended complaint with prejudice, and (2) deny plaintiff Dario Canoy’s motion to strike those dismissal motions as moot. (ECF Nos. 24-25, 27). None of the parties objected to the report and recommendation pursuant to Fed. R. Civ. P. 72(b)(2). Dockets.Justia.com Case 2:22-cv-10695-BAF-CI ECF No. 30, PageID.159 Filed 10/31/22 Page 2 of 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, IT IS ORDERED that Magistrate Judge Curtis Ivy Jr.’s September 28, 2022 Report and Recommendation (ECF No. 29) is hereby accepted and adopted. IT IS FURTHER ORDERED that the Michigan State Police and the Detroit Police Department’s respective motions to dismiss the amended complaint (ECF Nos. 24-25) are granted with prejudice. IT IS FURTHER ORDERED that Canoy’s motion to strike the dismissal motions (ECF No. 27) is denied as moot. There are no remaining claims in this matter. 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. Dario Canoy 12755 Kentucky Street Detroit, MI 48238 s/Johnetta M. Curry-Williams Case Manager

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