GREEN v. JOHNSON, 13-12305. (2014)
Court: District Court, E.D. Michigan
Number: infdco20140818d01
Visitors: 6
Filed: Aug. 14, 2014
Latest Update: Aug. 14, 2014
Summary: ORDER: (1) ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION (ECF NO. 22) AND (2) GRANTING DEFENDANT MDOC'S MOTION TO DISMISS (ECF NO. 15) PAUL D. BORMAN, District Judge. Before the Court is Magistrate Judge R. Steven Whalen's Report and Recommendation recommending that the Court grant Defendant Michigan Department of Corrections's ("MDOC") Motion to Dismiss based on Eleventh Amendment immunity. (ECF No. 22, Report and Recommendation). The Court notes Plaintiff previously requested an exte
Summary: ORDER: (1) ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION (ECF NO. 22) AND (2) GRANTING DEFENDANT MDOC'S MOTION TO DISMISS (ECF NO. 15) PAUL D. BORMAN, District Judge. Before the Court is Magistrate Judge R. Steven Whalen's Report and Recommendation recommending that the Court grant Defendant Michigan Department of Corrections's ("MDOC") Motion to Dismiss based on Eleventh Amendment immunity. (ECF No. 22, Report and Recommendation). The Court notes Plaintiff previously requested an exten..
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ORDER: (1) ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION (ECF NO. 22) AND (2) GRANTING DEFENDANT MDOC'S MOTION TO DISMISS (ECF NO. 15)
PAUL D. BORMAN, District Judge.
Before the Court is Magistrate Judge R. Steven Whalen's Report and Recommendation recommending that the Court grant Defendant Michigan Department of Corrections's ("MDOC") Motion to Dismiss based on Eleventh Amendment immunity. (ECF No. 22, Report and Recommendation). The Court notes Plaintiff previously requested an extension of time in which to respond to this Report and Recommendation. (ECF No. 23). This request was granted on March 17, 2014 and Plaintiff was granted 60 days from the date of that Order to file an objection. (ECF No. 26). However, Plaintiff failed to file an objection to the Report and Recommendation.1
Therefore, having reviewed the Report and Recommendation, and there being no timely objections from either party under 28 U.S.C. § 636(b)(1) and E.D. Mich L.R. 72.1(b), the Court:
(1) ADOPTS the Magistrate Judge's Report and Recommendation (ECF No. 22);
(2) GRANTS Defendant MDOC's Motion to Dismiss (ECF No. 15); and
(3) DISMISSES Defendant MDOC with PREJUDICE.
IT IS SO ORDERED.
FootNotes
1. The Court notes Plaintiff filed an objection (ECF No. 25) to a later filed Report and Recommendation in which the Magistrate Judge recommends granting Defendant Johnson's Motion for Summary Judgment (ECF No. 24).
Source: Leagle
