Opinion
Case No. 15-12051
03-21-2016
LEDELL HAMMOND, Plaintiff, v. CITY OF TROY, ET AL., Defendants.
R. Steven Whalen United States Magistrate Judge
OPINION AND ORDER: ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION (ECF NO. 53); AND GRANTING DEFENDANTS CITY OF TROY'S MOTION TO DISMISS (ECF NO. 33); AND DISMISSING WITH PREJUDICE THE CLAIMS AGAINST DEFENDANTS CITY OF TROY AND TROY POLICE DEPARTMENT
Before the Court is Magistrate Judge R. Steven Whalen's Report and Recommendation recommending that the Court grant Defendant City of Troy's Motion to Dismiss and find that Defendant Troy Police Department lacks the capacity to be sued. (ECF No. 51, Report and Recommendation). Plaintiff did not file an objection to the Report and Recommendation.
Having reviewed the Report and Recommendation and there being no timely objections from either party under 28 U.S.C. § 636(b)(1) and E.D. Mich L.R. 72.1(b), the Court ADOPTS the Magistrate Judge's Report and Recommendation (ECF No. 53); GRANTS Defendant City of Troy's Motion to Dismiss (ECF No. 33); and DISMISSES WITH PREJUDICE the claims against Defendants City of Troy and Troy Police Department.
IT IS SO ORDERED.
s/Paul D. Borman
PAUL D. BORMAN
UNITED STATES DISTRICT JUDGE Dated: March 21, 2016
CERTIFICATE 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 March 21, 2016.
s/Deborah Tofil
Case Manager