Burks v. Cave

Full title: BRUCE TODD BURKS Plaintiff, v. ALEX CAVE, BARBARA KELLY, CARL L. GROMEK…

Court: United States District Court, E.D. Michigan, Northern Division

Date published: Jun 9, 2010

Case Number 10-10685-BC (E.D. Mich. Jun. 9, 2010)

Opinion

Case Number 10-10685-BC.

June 9, 2010

ORDER ADOPTING REPORT AND RECOMMENDATION, GRANTING IN PART AND DENYING AS MOOT IN PART PLAINTIFF'S MOTION TO DISMISS AND DEFENDANTS' MOTIONS TO DISMISS, AND DISMISSING PLAINTIFF'S COMPLAINT WITH PREJUDICE

THOMAS LUDINGTON, District Judge

This matter is before the Court on a report and recommendation issued by Magistrate Judge Charles E. Binder on May 11, 2010. Judge Binder recommends that the Court dismiss Plaintiff's complaint based on Defendants' quasi-judicial immunity to Plaintiff's claims. This issue was raised in Defendants' motions to dismiss, and Plaintiff conceded in his own motion to dismiss that Defendants were entitled to dismissal on that ground. As of today's date, no party has filed any objections to Judge Binder's report and recommendation. The decision to not object to the Judge Binder's report releases the Court from its duty to independently review the record. Thomas v. Arn, 474 U.S. 140, 149 (1985).

Accordingly, it is ORDERED that the report and recommendation [Dkt # 14] is ADOPTED.

It is further ORDERED that Defendants Cave and Kelly's motion to dismiss [Dkt. # 8], Defendant Gromek's motion to dismiss [Dkt. # 10], and Plaintiff's motion to dismiss [Dkt. # 12] are GRANTED IN PART and DENIED AS MOOT IN PART.

It is further ORDERED that Plaintiff's complaint is DISMISSED WITH PREJUDICE.

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 June 9, 2010.