Summary
agreeing that Michigan does not recognize common law equitable tolling and stating that "[i]n applying Michigan law, plaintiff's claim for equitable tolling of the three-year statute of limitations for a § 1983 claim must be based upon a statutory right to tolling"
Summary of this case from Davis v. CoxOpinion
Case No. 1:13CV1349
01-27-2015
LEON WARREN WEATHERS, Petitioner, v. HOLLAND POLICE DEPARTMENT, et al., Respondent.
ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION
The court has reviewed the Report and Recommendation (docket # 17) filed by the United States Magistrate Judge in this action. The Report and Recommendation was duly served on the parties on January 5, 2015. No objections have been filed pursuant to 28 U.S.C. § 636(b)(1)(C).
THEREFORE, IT IS ORDERED that the Report and Recommendation of the Magistrate Judge, filed January 5, 2015, is approved and adopted as the opinion of the court.
IT IS FURTHER ORDERED that Defendant's Motion to Dismiss (docket #10) is GRANTED. This matter is DISMISSED.
/s/ Robert J. Jonker
ROBERT J. JONKER
UNITED STATES DISTRICT JUDGE
DATED: January 27, 2015.