Coleman v. Mohlman

District Court, E.D. Michigan

Coleman v. Mohlman

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

MARK COLEMAN, 2:19-CV-13494-TGB

Plaintiff,

ORDER ADOPTING REPORT vs. AND RECOMMENDATION

TORI MOHLMAN, et al.,

Defendants. This matter is before the Court on Magistrate Judge David R. Grand’s Report and Recommendation of August 24, 2020 (ECF No. 25) recommending that Defendants’ Motion to Dismiss (ECF No. 13) be granted in part and denied in part. The Court has reviewed the Magistrate Judge’s Report and Recommendation. The law provides that either party may serve and file written objections “[w]ithin fourteen days after being served with a copy” of a 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 the Magistrate’s Report and Recommendation of August

24, 2020 as this Court’s findings of fact and conclusions of law. Accordingly, it is hereby ORDERED that Magistrate Judge Grand’s Report and Recommendation of August 24, 2020 is ACCEPTED and ADOPTED. It is FURTHER ORDERED that Defendants’ Motion to Dismiss is GRANTED IN PART AND DENIED IN PART.

Dated: September 22, 2020.

BY THE COURT:

/s/Terrence G. Berg TERRENCE G. BERG United States District Judge

Reference

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