Wise v. East Grand Rapids Department of Public Safety

W.D. Michigan

Wise v. East Grand Rapids Department of Public Safety

DecidedSeptember 9, 2022

Docket1:20-cv-01262

StatusUnknown

This text of Wise v. East Grand Rapids Department of Public Safety (Wise v. East Grand Rapids Department of Public Safety) is published on Counsel Stack Legal Research, covering District Court, W.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Wise v. East Grand Rapids Department of Public Safety, (W.D. Mich. 2022).

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

WILLIAM J. WISE,

Plaintiff, Case No. 1:20-cv-1262 v. HON. JANET T. NEFF EAST GRAND RAPIDS DEPARTMENT OF PUBLIC SAFETY, et al.,

Defendants. ____________________________/

OPINION AND ORDER This is a civil action filed by a pro se litigant. Defendants filed a Motion to Dismiss (ECF No. 50). The matter was referred to the Magistrate Judge, who issued a Report and Recommendation (ECF No. 60) on August 1, 2022, recommending that the motion to dismiss be granted and this action terminated (id. at PageID.298). The Report and Recommendation was duly served on the parties. Plaintiff filed a “Response” to the Report and Recommendation (ECF No. 64), which does not contain specific objections to any part of the Report and Recommendation. See 28 U.S.C. § 636(b)(1); see Weiler v. U.S. Dep’t of Treasury-Internal Revenue Serv., No. 19- 3729, 2020 WL 2528916, at *1 (6th Cir. Apr. 24, 2020) (de novo review of a magistrate judge’s recommendation is only required where the objections relate to factual disputes). The Court also conducted a full review of Plaintiff’s claims. See Kinard v. Stark, 22 F. App’x 365, 367 (6th Cir. 2001). Accordingly: IT IS HEREBY ORDERED that Plaintiff’s “Response” (ECF No. 64) is DENIED. IT IS FURTHER ORDERED that the Report and Recommendation (ECF No. 60) is APPROVED AND ADOPTED as the Opinion of the Court. IT IS FURTHER ORDERED that Defendants’ Motion to Dismiss (ECF No. 50) is GRANTED. IT IS FURTHER ORDERED that this Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that an appeal of this decision would not be taken in good faith because Plaintiff failed to file any

specific objections. See McGore v. Wrigglesworth, 114 F.3d 601, 610-11 (6th Cir. 1997), overruled on other grounds by Jones v. Bock, 549 U.S. 199, 206, 211-12 (2007). A Judgment will enter consistent with this Order.

Dated: September 9, 2022 /s/ Janet T. Neff JANET T. NEFF United States District Judge

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

WILLIAM J. WISE,

Plaintiff, Case No. 1:20-cv-1262 v. HON. JANET T. NEFF EAST GRAND RAPIDS DEPARTMENT OF PUBLIC SAFETY, et al.,

Defendants. ____________________________/

OPINION AND ORDER This is a civil action filed by a pro se litigant. Defendants filed a Motion to Dismiss (ECF No. 50). The matter was referred to the Magistrate Judge, who issued a Report and Recommendation (ECF No. 60) on August 1, 2022, recommending that the motion to dismiss be granted and this action terminated (id. at PageID.298). The Report and Recommendation was duly served on the parties. Plaintiff filed a “Response” to the Report and Recommendation (ECF No. 64), which does not contain specific objections to any part of the Report and Recommendation. See 28 U.S.C. § 636(b)(1); see Weiler v. U.S. Dep’t of Treasury-Internal Revenue Serv., No. 19- 3729, 2020 WL 2528916, at *1 (6th Cir. Apr. 24, 2020) (de novo review of a magistrate judge’s recommendation is only required where the objections relate to factual disputes). The Court also conducted a full review of Plaintiff’s claims. See Kinard v. Stark, 22 F. App’x 365, 367 (6th Cir. 2001). Accordingly: IT IS HEREBY ORDERED that Plaintiff’s “Response” (ECF No. 64) is DENIED. IT IS FURTHER ORDERED that the Report and Recommendation (ECF No. 60) is APPROVED AND ADOPTED as the Opinion of the Court. IT IS FURTHER ORDERED that Defendants’ Motion to Dismiss (ECF No. 50) is GRANTED. IT IS FURTHER ORDERED that this Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that an appeal of this decision would not be taken in good faith because Plaintiff failed to file any

specific objections. See McGore v. Wrigglesworth, 114 F.3d 601, 610-11 (6th Cir. 1997), overruled on other grounds by Jones v. Bock, 549 U.S. 199, 206, 211-12 (2007). A Judgment will enter consistent with this Order.

Dated: September 9, 2022 /s/ Janet T. Neff JANET T. NEFF United States District Judge

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