Taylor v. Jackson et al, No. 4:2019cv12548 - Document 41 (E.D. Mich. 2020)
Court Description: OPINION AND ORDER Accepting and Adopting 40 Report and Recommendation re 19 Motion to Dismiss filed by M.S. Title Agency, LLC, 10 Motion to Dismiss filed by Habitat for Humanity, 9 Motion to Dismiss filed by Janet Jackson, Andy Mei ser, Oakland, County of, 14 Motion to Dismiss filed by Irv Lowenberg, Myron Frasier, Kenson Siver, Sue Ward-Witkowski, Lloyd Crews, Donald Fracassi, Southfield, City of, Nancy Banks, Daniel Brightwell, Frederick Zorn, Gerald Witkowsk i, Michael Mandlebaum, 11 Motion to Dismiss filed by Mitchell Simon, Lora Brantley-Gilbert, Southfield Neighborhood Revitalization Initiative, LLC, Southfield Non Profit Housing Coporation, Rita Fulgiam-HIllman, Earlene Trayler-Neal, Etoile Libbett. Signed by District Judge Stephanie Dawkins Davis. (THal)
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Taylor v. Jackson et al Doc. 41 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION KENNETH TAYLOR, Plaintiff, v. JANET JACKSON, in her official capacity as Oakland County Commissioner, et al., Case No. 19-12548 Stephanie Dawkins Davis United States District Judge David R. Grand United States Magistrate Judge Defendants. ____________________________/ OPINION AND ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION (ECF No. 40) Currently before the court is Magistrate Judge David R. Grand’s July 14, 2020 Report and Recommendation concerning the five motions to dismiss, (ECF Nos. 9, 10, 11, 14, and 19), pending in this case. (ECF No. 40). In short, this matter concerns alleged violations of Taylor’s constitutional, statutory, and state common law rights resulting from a tax foreclosure of his home. (ECF No. 1). The Magistrate Judge recommends granting Defendants’ motions to dismiss and dismissing Taylor’s complaint in its entirety. (See generally ECF No. 40). Neither party has filed objections to the Magistrate Judge’s Report and Recommendation, and the 14-day time period for filing objections has expired. See 28 Fed. R. Civ. P. 72(b)(2); E.D. Mich. L.R. 72.1(d). “[T]he failure to object Dockets.Justia.com to the magistrate judge’s report[] releases the Court from its duty to independently review the matter.” Hall v. Rawal, No. 09-10933, 2012 WL 3639070, at *1 (E.D. Mich. Aug. 24, 2012) (citing Thomas v. Arn, 474 U.S. 140, 149 (1985)). The court, therefore, finds that the parties have waived further review of the Magistrate Judge’s Report. Nevertheless, on review of the briefs and the Magistrate Judge’s Report and Recommendation, the court agrees with the Magistrate Judge’s recommended disposition. Therefore, the court ACCEPTS and ADOPTS the Magistrate Judge’s Report and Recommendation, (ECF No. 40). Consequently, the court GRANTS Defendants’ motions to dismiss, (ECF Nos. 9, 10, 11, 14, and 19), and DISMISSES Taylor’s Complaint in its entirety. IT IS SO ORDERED. Date: November 12, 2020 s/Stephanie Dawkins Davis Stephanie Dawkins Davis United States District Judge 2
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