Stubbs v. Jackson

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION RICARDO K. STUBBS, Plaintiff, Case No. 2:24-cv-10129 v. Honorable Susan K. DeClercq United States District Judge TALESHA JACKSON et al., Honorable Elizabeth A. Stafford Defendants. United States Magistrate Judge ___________________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION (ECF No. 24), AND GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT (ECF No. 20) On November 12, 2024, Magistrate Judge Elizabeth A. Stafford issued a report, ECF No. 24, recommending that the Court grant in part and deny in part Defendants’ Motion for Summary, ECF No. 20. Judge Stafford provided 14 days to object, but the parties did not do so. They have therefore forfeited their right to appeal Judge Stafford’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. 24, is ADOPTED.

Further, it is ORDERED that Defendants’ Motion for Summary Judgment, ECF No. 20, is GRANTED IN PART AND DENIED IN PART, as follows: 1. The motion is GRANTED as to Defendants Crawford and LaBreck.

2. The motion is DENIED as to Defendant Jackson.

Consequently, it is ORDERED that Plaintiff’s Complaint, ECF No. 1, is DISMISSED WITHOUT PREJUDICE as to only Defendants Crawford and LaBreck.

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: January 14, 2025