Wilson v. Miniard et al

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
CHARLES T. WILSON,
Plaintiff,
v.
G. MINIARD, et al.,
Defendants.
___________________________ /
Case No. 24-11634
F. Kay Behm
United States District Judge
Curtis Ivy Jr.
United States Magistrate Judge
OPINION AND ORDER ACCEPTING AND ADOPTING MAGISTRATE JUDGE’S
AUGUST 28, 2025 REPORT AND RECOMMENDATION (ECF No. 51)
Currently before the court is Magistrate Judge Curtis Ivy’s August 28, 2025
Report and Recommendation. (ECF No. 51). Magistrate Judge Ivy recommends
denying Defendant Long’s motion to dismiss (ECF No. 46) based on lack of service
of process without prejudice. Id. The court is fully advised in the premises and
has reviewed the record and the pleadings. Neither party has filed objections.
“[T]he failure to object to the magistrate judge’s report[] releases the Court from
its duty to independently review the matter.” Hall v. Rawal, 2012 WL 3639070
(E.D. Mich. Aug. 24, 2012) (citing Thomas v. Arn, 474 U.S. 140, 149 (1985)). The
court nevertheless agrees with the Magistrate Judge’s recommended disposition.
Therefore, the court ACCEPTS and ADOPTS the Magistrate Judge’s Report and
Case 4:24-cv-11634-FKB-CI ECF No. 55, PageID.<pageID> Filed 10/28/25 Page 1 of 2

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Recommendation (ECF No. 51) and DENIES the motion to dismiss (ECF No. 46)
without prejudice.
SO ORDERED.
Date: October 28, 2025 	s/F. Kay Behm
F. Kay Behm
United States District Judge
Case 4:24-cv-11634-FKB-CI ECF No. 55, PageID.<pageID> Filed 10/28/25 Page 2 of 2