Summary
This order from the U.S. District Court for the Eastern District of Michigan adopts a magistrate judge’s report and recommendation denying plaintiffs’ renewed emergency motion for a preliminary injunction without prejudice. Because the parties failed to file timely objections to the report and recommendation, the court is released from its duty to independently review the matter. Accordingly, the motion is denied without prejudice, permitting plaintiffs to refile it in each of the severed individual cases if they elect to proceed separately.
Topics
Practice areas
Questions Presented
- Whether the district court must independently review a magistrate's Report and Recommendation when no objection is filed.
- Whether the plaintiffs' renewed motion for preliminary injunction should be denied without prejudice.
Holdings
- The court may adopt the magistrate's recommendation without independent review when no objection is filed.
- The motion is denied without prejudice, allowing plaintiffs to refile in each severed case.
Key quotations
“The failure to object to an R&R releases the Court from its duty to independently review the matter.” (PageID.393-394)
“Accordingly, because no objections to the R&R have been filed, IT IS HEREBY ORDERED that the Magistrate Judge’s recommended disposition of Plaintiffs’ motion (ECF No. 34) is ADOPTED.”
Factual background
Pro se plaintiffs Michael David McCarren, Maurice Allen‑Julius Stewart, Levertis Riley, IV, and Walter Galloway were pre‑trial detainees in the Wayne County Jail who alleged constitutional violations of their conditions of confinement.
Procedural history
Plaintiffs filed a prisoner civil‑rights action under 42 U.S.C. §1983. The case was assigned to Judge McMillion, who referred pre‑trial matters to Magistrate Judge Patti. After a stay and a motion to sever, the magistrate issued a Report and Recommendation (R&R) recommending denial of the preliminary injunction. No party objected to the R&R, and the district court adopted the recommendation and denied the motion without prejudice.