Gordon Lee Shively v. Derry, et al.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION GORDON LEE SHIVELY, Case No. 25-10115 Plaintiff, F. Kay Behm v. United States District Judge DERRY, et al., Elizabeth A. Stafford United States Magistrate Judge Defendants. ____________________________/ OPINION AND ORDER ACCEPTING AND ADOPTING THE MAGISTRATE JUDGE’S DECEMBER 8, 2025 REPORT AND RECOMMENDATION (ECF No. 42) Currently before the court is Magistrate Judge Elizabth A. Stafford’s December 8, 2025 Report and Recommendation. (ECF No. 42). Magistrate Judge Stafford recommends that (1) Defendant Lindahl’s motion to dismiss be granted in part and denied in part; (2) Shively’s motion for default judgment be denied; and (3) the official capacity claims against Stricklin and Derry be sua sponte dismissed. 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. 42), GRANTS in part and DENIES in part Defendant Lindahl’s motion to dismiss, DENIES Plaintiff’s motion for default judgment, and DISMISSES the official capacity claims against Defendants Stricklin and Derry.

SO ORDERED.

Date: January 21, 2026 s/F. Kay Behm F. Kay Behm United States District Judge