Opinion
Civil Action 22-CV-10695
07-11-2022
DARIO CANOY, Plaintiff, v. STATE OF MICHIGAN, et al., Defendants.
ORDER ACCEPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION, DISMISSING THE COMPLAINT WITHOUT PREJUDICE, ALLOWING PLAINTIFF 21 DAYS TO FILE AN AMENDED COMPLAINT, AND DISMISSING DEFENDANTS' PENDING MOTIONS AS MOOT
HON. BERNARD A. FRIEDMAN JUDGE
This matter is presently before the Court pursuant to 28 U.S.C. § 1915(e). Magistrate Judge Curtis Ivy, Jr. has submitted a Report and Recommendation (“R&R”) in which he recommends that plaintiff's complaint be dismissed without prejudice. (ECF No. 12, PageID.38). Magistrate Judge Ivy further recommends that, within twenty-one days of service of this order, plaintiff be allowed one opportunity to file an amended complaint that gives notice of his claims and conforms with the Federal Rules of Civil Procedure. (Id., PageID.39). No party has objected to the R&R, and the objection period has expired.
Following the entry of Magistrate Judge Ivy's R&R, defendants Detroit Police Department (“DPD”) and Michigan State Police (“MSP”) filed motions to dismiss. (ECF Nos. 13, 15). On July 5, 2022, plaintiff filed a “document” that briefly addresses these motions, reiterates plaintiff's claims, and raises additional relevant facts. (ECF No. 16). Plaintiff's filing does not mention the R&R. Further, even if plaintiff intended this filing to serve as an objection to the R&R, it is improper. The arguments raised in plaintiff's filing are general and fail to “specify[] a single issue of contention” as to the R&R. Howard v. Sec. of Health and Hum. Servs., 932 F.2d 505, 509 (6th Cir. 1991). See also E.D. Mich. LR 72.1(d)(1). Therefore, the Court need not review de novo any part of the magistrate judge's disposition. See 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b).
Having reviewed the complaint, the Court agrees with the magistrate judge's analysis and recommendation. Accordingly, IT IS ORDERED that Magistrate Judge Ivy's R&R (ECF No. 12) is hereby accepted and adopted as the findings and conclusions of the Court.
IT IS FURTHER ORDERED that the complaint is dismissed without prejudice.
IT IS FURTHER ORDERED that, within twenty-one days of service of this order, plaintiff may file an amended complaint that gives notice of his claims and conforms with the Federal Rules of Civil Procedure.
IT IS FURTHER ORDERED that all pending motions (ECF Nos. 13, 15) are dismissed as moot.