Opinion
Case No. 12-CV-12359
10-10-2012
CASSANDRA BRUCE, Plaintiff, v. JOHN DOE, Defendant.
HON. GEORGE CARAM STEEH
ORDER ACCEPTING AND ADOPTING REPORT AND
RECOMMENDATION [DOC. #11] AND DISMISSING ACTION
On September 12, 2012, Magistrate Judge Charles Binder issued a report and recommendation recommending that the court sua sponte dismiss what was docketed as plaintiff's pro se §1983 complaint, and return the partial filing fee removed from her Michigan Department of Corrections Trust Account in August. That report followed a letter sent by plaintiff explaining that she had not intended to commence a civil lawsuit. No objections have been filed to the report and recommendation. The standard of review to be employed by the court when examining a report and recommendation is set forth in 28 U.S.C. § 636. This court "shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made." 28 U.S.C. § 636(b)(1)(C). This court "may accept, reject or modify, in whole or in part, the findings or recommendations made by the magistrate." Id.
The court hereby ACCEPTS and ADOPTS the magistrate judge's report and recommendation. Plaintiff's complaint is DISMISSED and the clerk of the district court is hereby ORDERED to refund all sums removed from the plaintiff's prisoner trust account in connection with this action.
IT IS SO ORDERED.
_______________________
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record and on
Cassandra Bruce #502798, Huron Valley Complex - Women,
3201 Bemis Road, Ypsilanti, MI 48197 on
October 10, 2012, by electronic and/or ordinary mail.