Levitan v. Maclean

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

RANDALL RICHARD LEVITAN, 2:23-CV-12439-TGB-KGA Plaintiff, vs. OPINION AND ORDER ADOPTING REPORT AND MACLEAN, JOHNSON, HILL RECOMMENDATION MAGNUSON, SILVERTHORN, VAN, TROLLA, FREEMAN, (ECF NO. 64) PARR, HILDRETH, WILLIS

CHAPMAN, AKOMOLAFE, AND JOHN DOES, Defendants. This matter is before the Court on Magistrate Judge Kimberly G. Altman’s December 19, 2024 Report and Recommendation (ECF No. 64), recommending that Defendants’ Motions to Dismiss and for Summary Judgment (ECF Nos. 32, 41, 46) be granted, that the Court sua sponte dismiss “Unknown Parties, John Doe, and Freeman” from the case, and that this matter be dismissed without prejudice. The Court has reviewed the Magistrate Judge’s Report and Recommendation and finds that it is well-reasoned and supported by the applicable law. The law provides that either party may serve and file written objections “[w]ithin fourteen days after being served with a copy” of the report and recommendation. 28 U.S.C. § 636(b)(1). The district court will make a “de novo determination of those portions of the report … to which objection is made.” Id. Where, as here, neither party objects

to the report, the district court is not obligated to independently review the record. See Thomas v. Arn, 474 U.S. 140, 149-52 (1985). The Court will, therefore, accept Judge Altman’s December 19, 2024 Report and Recommendation as its findings of fact and conclusions of law. Accordingly, it is hereby ORDERED that Judge Altman’s December 19, 2024 Report and Recommendation (ECF No. 64) is ACCEPTED and ADOPTED. It is FURTHER ORDERED that the case is DISMISSED WITHOUT PREJUDICE.

IT IS SO ORDERED.

Dated: January 27, 2025 /s/Terrence G. Berg HON. TERRENCE G. BERG UNITED STATES DISTRICT JUDGE