Pierce v. Washtenaw County Jail

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ROGER PIERCE, Case No. 22-12786 Plaintiff, F. Kay Behm V. United States District Judge WASHTENAW CO. JAIL, et al., Curtis Ivy United States Magistrate Judge Defendants. ao OPINION AND ORDER ACCEPTING AND ADOPTING THE MAGISTRATE JUDGE’S JULY 15, 2024 REPORT AND RECOMMENDATION (ECF No. 87) Currently before the court is Magistrate Judge Curtis Ivy’s July 15, 2024 Report and Recommendation. (ECF No. 87). Magistrate Judge Ilvy recommends dismissing Defendant Patrice Morgan based on the lack of service, despite the court’s efforts to serve Morgan and locate an address for personal service. /d.

Plaintiff was warned on multiple occasions that Morgan would be dismissed if service could not be effectuated. /d. The court is fully advised in the premises and has reviewed the record and the pleadings. Neither party has filed objections. “[T]he failure to object to the magistrate judge’s report[] releases the Court from its duty to independently review the matter.” Hall v. Rawal, 2012 WL 3639070 (E.D. Mich. Aug. 24, 2012) (citing Thomas v. Arn, 474 U.S. 140, 149 (1985)). The court nevertheless agrees with the Magistrate Judge’s recommended disposition. Therefore, the court ACCEPTS and ADOPTS the Magistrate Judge’s Report and Recommendation (ECF No. 87) and DISMISSES Defendant Patrice Morgan from this lawsuit without prejudice.

SO ORDERED.

Date: August 13, 2024 s/F. Kay Behm F. Kay Behm United States District Judge