Opinion
Case No. 13-12302
12-30-2013
ABELARDO MORALEZ, Plaintiff, v. CITY OF JACKSON POLICE DEPARTMENT, et al., Defendants.
Paul D. Borman
United States District Judge
Michael Hluchaniuk
United States Magistrate Judge
ORDER ADOPTING MAGISTRATE JUDGE MICHAEL HLUCHANIUK'S
NOVEMBER 21, 2013 REPORT AND RECOMMENDATION (ECF NO. 16)
On November 21, 2013, Magistrate Judge Michael Hluchaniuk issued a Report and Recommendation to Dismiss Defendants Adam Brown, Karen A. Coffman, Joseph S. Philip, Richard N. Laflamm, Michael Overton, Amanda Riska, Gilbert Carlson, Dennis M. Diffenderfer, Elmer Hitt and David Taylor pursuant to Fed. R. Civ. P. 41(b) and to terminate these Defendants' pending motions to dismiss (ECF Nos. 7, 12) as moot. (ECF No. 16, Report and Recommendation.)
Having reviewed the Report and Recommendation, and there being no timely objections under 28 U.S.C. § 636(b)(1) and E.D. Mich L.R. 72.1(d), the Court ADOPTS the Report and Recommendation (ECF No. 16), DISMISSES these Defendants with prejudice pursuant to Fed. R. Civ. P. 41(b), and terminates these Defendants' motions to dismiss (ECF Nos. 7, 12) as MOOT. IT IS SO ORDERED.
On December 23, 2013, Plaintiff filed a "Notice of Interlocutory Appeal," directed not to this Court but to the Sixth Circuit Court of Appeals, that appears to complain generally about Magistrate Judge Hluchaniuk's November 21, 2013 Order Denying Motion to Disqualify and for Submission of Evidence to Grand Jury (ECF No. 15) and about the Magistrate Judge's November 21, 2013 Report and Recommendation Regarding Rule 41(b) Dismissals (ECF No. 16). Even if intended as objections to either the Magistrate Judge's Order and/or Report and Recommendation, this filing is untimely and lacking the specificity required of valid objections. See Smith v. Detroit Federation of Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987) ("[A] party must file timely objections with the district court to avoid waiving appellate review.") (emphasis in original); Mira v. Marshall, 806 F.2d 636, 637 (6th Cir. 1986) (only those objections that are specific are entitled to a de novo review under the statute).
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PAUL D. BORMAN
UNITED STATES DISTRICT JUDGE
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 December 30, 2013.
Deborah Tofil
Case Manager