Opinion

Moore v. Brown

Court
District Court, E.D. Michigan
Filed
Feb 10, 2025
Cited by
0 cases
Authority
More cited than 33.9%

explaining that where party fails to file “timely objections” to report and recommendation, court may accept that recommendation “without expressing any view on the merits of the magistrate’s conclusions”

How later courts described this case

  • explaining that where party fails to file “timely objections” to report and recommendation, court may accept that recommendation “without expressing any view on the merits of the magistrate’s conclusions”

Written by the judges who cited it.

The opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

CHARLES MOORE,

Plaintiff, Case No. 23-cv-11298

Hon. Matthew F. Leitman

v.

CHRYSTAL BROWN, et al.,

Defendants.

__________________________________________________________________/

ORDER (1) ADOPTING RECOMMENDED DISPOSITION OF REPORT

AND RECOMMENDATION (ECF No. 40), (2) GRANTING DEFENDANT

BROWN’S MOTION TO DISMISS (ECF No. 31), AND (3) DISMISSING

UNSERVED DEFENDANT DENNIS REYNOLDS

Plaintiff Charles Moore is a state inmate in the custody of the Michigan

Department of Corrections (the “MDOC”). On May 31, 2023, Moore filed this pro

se civil-rights action against several Defendants who work for the MDOC. (See

Compl., ECF No. 1.) Moore says, among other things, that the Defendants violated

his Fourteenth Amendment right to due process, his Eighth Amendment right to be

free from cruel and unusual punishment, and his rights under the Americans with

Disabilities Act and Rehabilitation Act when the Defendants failed to provide him

appropriate medical care and/or denied grievances that he had filed related to his

medical care.

Only two Defendants remain in this action: Chrystal Brown and Dennis

Reynolds. Moore has never served Reynolds with the Complaint. (See Unexecuted

Summons, ECF No. 39.) Brown was served, and she has now filed a motion to

dismiss. (See Mot., ECF No. 31.) That motion was referred to the assigned

Magistrate Judge. (See Order, ECF No. 11.) On January 13, 2025, the Magistrate

Judge issued a report and recommendation in which she recommended that the Court

(1) grant Brown’s motion and dismiss Moore’s claims against her and (2) sua sponte

dismiss Moore’s claims against Reynolds for failure to prosecute those claims (the

“R&R”). (See R&R, ECF No. 40.) At the conclusion of the R&R, the Magistrate

Judge informed the parties that if they wanted to seek review of her recommendation,

they needed to file specific objections with the Court within fourteen days. (See id.,

PageID.239-240.)

Moore has not filed any objections to the R&R. Nor has he contacted the

Court to ask for additional time to file objections. The failure to object to an R&R

releases the Court from its duty to independently review the matter. See Thomas v.

Arn, 474 U.S. 140, 149 (1985). See also Ivey v. Wilson, 832 F.2d 950, (6th Cir. 1987)

(explaining that where party fails to file “timely objections” to report and

recommendation, court may accept that recommendation “without expressing any

view on the merits of the magistrate’s conclusions”). Likewise, the failure to file

objections to an R&R waives any further right to appeal. See Howard v. Sec’y of

Health and Human Servs., 932 F.2d 505 (6th Cir. 1991); Smith v. Detroit Fed’n of

Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987).

Accordingly, because Moore has failed to file any objections to the R&R, IT

IS HEREBY ORDERED that the Magistrate Judge’s recommended disposition

described in the R&R is ADOPTED.

IT IS FURTHER ORDERED that:

(1) Brown’s motion to dismiss (ECF No. 31) is GRANTED, and Moore’s

claims against Brown are DISMISSED;

(2) Brown’s claims against Reynolds are DISMISSED for failure to

prosecute; and

(3) Because all Defendants have now been dismissed, the Court will close this

action.

IT IS SO ORDERED.

s/Matthew F. Leitman

MATTHEW F. LEITMAN

UNITED STATES DISTRICT JUDGE

Dated: February 10, 2025

I hereby certify that a copy of the foregoing document was served upon the

parties and/or counsel of record on February 10, 2025, by electronic means and/or

ordinary mail.

s/Holly A. Ryan

Case Manager

(313) 234-5126

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.