Martell Jones v. Heindnen, et al.

• Court: District Court, E.D. Michigan
• Decided: October 20, 2025
• Docket: 2:23-cv-12509
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

MARTELL JONES,

Plaintiff, Case No. 2:23-cv-12509

v. Honorable Susan K. DeClercq United States District Judge HEINDNEN, et al., Honorable Curtis Ivy, Jr. Defendants. United States Magistrate Judge ___________________________________/

ORDER ADOPTING REPORT AND RECOMMENDATION (ECF No. 65), AND DISMISSING DEFENDANTS DOE AND ROSE

On August 7, 2025, Magistrate Judge Curtis Ivy, Jr. issued a report, ECF No. 65, recommending that this Court dismiss Defendants John Doe and Sergeant Rose without prejudice under Civil Rule 4(m). Judge Ivy provided 14 days to object, but the Parties did not do so. They have therefore forfeited their right to appeal Judge Ivy’s findings. See Berkshire v. Dahl, 928 F.3d 520, 530–31 (6th Cir. 2019) (citing Thomas v. Arn, 474 U.S. 140, 149 (1985)). Moreover, having reviewed the report and recommendation, this Court finds no clear error, and so it will be adopted in full. Accordingly, it is ORDERED that the Report and Recommendation, ECF No. 65, is ADOPTED. Further, it is ORDERED that Defendants John Doe and Sergeant Rose are DISMISSED WITHOUT PREJUDICE. This is not a final order and does not close the above-captioned case.

/s/Susan K. DeClercq SUSAN K. DeCLERCQ United States District Judge Dated: October 20, 2025