Opinion
Case Number 15-12867
02-08-2017
CHARMEL ALLEN, and FELICIA MARIE DYER, Plaintiffs, v. KARI OSTERHOUT, MICHAEL MARTIN, RADWAN MARDINI, MILLICENT WARREN, ANTHONY STEWART, TELLAS, BOA , BRAGG, ANSARI, HARGROVE, LARRY SAUNDERS, and JOHN DOE, Defendants.
Magistrate Judge Mona K. Majzoub ORDER ADOPTING REPORT AND RECOMMENDATION , GRANTING IN PART MDOC DEFENDANTS' MOTIONS TO DISMISS ALLEN AND TO SEVER BASED ON MISJOINDER OF PARTIES AND CLAIMS, GRANTING THE ARAMARK DEFENDANTS' MOTION TO DISMISS, AND DISMISSING WITHOUT PREJUDICE PLAINTIFFS' CLAIMS AGAINST THE JOHN DOE DEFENDANT
Presently before the Court is the report issued on January 19, 2017 by Magistrate Judge Mona K. Majzoub pursuant to 28 U.S.C. § 636(b), recommending that the Court grant in part the MDOC defendants' motions to dismiss defendant Charmel Allen and to sever based on misjoinder of parties and claims, grant the Aramark defendants' motion to dismiss, dismiss plaintiff Allen's claims, and dismiss without prejudice plaintiff Dyer's claims against the John Doe defendant. Although the magistrate judge's report explicitly stated that the parties to this action may object to and seek review of the recommendation within fourteen days of service of the report, no objections have been filed thus far. The parties' failure to file objections to the report and recommendation waives any further right to appeal. Smith v. Detroit Fed'n of Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987). Likewise, the failure to object to the magistrate judge's report releases the Court from its duty to independently review the matter. Thomas v. Arn, 474 U.S. 140, 149 (1985). However, the Court agrees with the findings and conclusions of the magistrate judge.
Accordingly, it is ORDERED that the magistrate judge's report and recommendation [dkt. #50] is ADOPTED.
It is further ORDERED that the motion to dismiss by defendants Karri Osterhout, Anthony Stewart, Tellas, Boa, and Bragg [dkt. #30] is GRANTED IN PART. Plaintiff Charmel Allen's claims against defendants Karri Osterhout, Anthony Stewart, Tellas, Boa, and Bragg are DISMISSED. The motion is DENIED in all other respects.
It is further ORDERED that the motion to dismiss by defendants Michael Martin, Radwan Mardini, Millicent Warren, and Larry Saunders [dkt. #46] is GRANTED IN PART. Plaintiff Charmel Allen's claims against defendants Michael Martin, Radwan Mardini, Millicent Warren, and Larry Saunders are DISMISSED. The motion is DENIED in all other respects.
It is further ORDERED that the motion to dismiss by defendants Ansari and Hargrove [dkt. #48] is GRANTED. Plaintiff Felicia Marie Dyer's claims against defendants Ansari and Hargrove are DISMISSED WITH PREJUDICE. Plaintiff Charmel Allen's claims against defendants Ansari and Hargrove are DISMISSED.
It is further ORDERED that the plaintiffs' claims against defendant John Doe are DISMISSED WITHOUT PREJUDICE.
s/David M. Lawson
DAVID M. LAWSON
United States District Judge Dated: February 8, 2017
PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing order was served upon each attorney or party of record herein by electronic means or first class U.S. mail on February 8, 2017.
s/Susan Pinkowski
SUSAN PINKOWSKI