Stewart v. Wayne County Probate Court

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION BRIDGET STEWART, Plaintiff, Case No. 2:23-cv-12296 v. Honorable Susan K. DeClercq United States District Judge WAYNE COUNTY PROBATE COURT et al., Honorable David R. Grand Defendants. United States Magistrate Judge ___________________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION (ECF No. 50) AND GRANTING IN PART DEFENDANTS’ MOTION TO DISMISS (ECF No. 39) On February 10, 2025, Magistrate Judge David R. Grand issued a report recommending that this Court grant in part Defendants’ Motion to Dismiss. ECF No. 50. Judge Grand recommended that Defendants’ Motion to Dismiss, ECF No. 39, be granted to the extent that Plaintiff’s discrimination claim concerning the Behavioral Health Unit (BHU) Technical Coordinator position be dismissed, but that Defendants’ Motion be denied in all other respects. ECF No. 50 at PageID.838. Judge Grand provided 14 days for objections to be filed, but no party filed objections. They have therefore forfeited their right to appeal Judge Grand’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, there is no prejudicial clear error in the report. Accordingly, it is ORDERED that the Report and Recommendation, ECF No. 50, is ADOPTED.

Further, it is ORDERED that Defendants’ Motion to Dismiss, ECF No. 39, is GRANTED IN PART to the extent that Plaintiff’s discrimination claim concerning the BHU Technical Coordinator position is dismissed. Defendants’

Motion to Dismiss, ECF No. 39, is DENIED IN PART in all other respects. 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: March 4, 2025