UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

NORTHERN DIVISION 

MARVIN ECHOLS, 

 Plaintiff, Case No. 15-cv-11781 

v. Honorable Thomas L. Ludington 

 Magistrate Judge Patricia T. Morris 

WINGATE MANAGEMENT, INC., et al., 

 Defendants. 

__________________________________________/ 

ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING 

PLAINTIFF’S COMPLAINT 

 On May 19, 2015, Plaintiff Marvin Echols filed a pro se Complaint alleging that 

Defendants1

 “willfully violate[d] [his] statutory and other federal civil rights.” Pl.’s Compl. 1, 

ECF No. 1. Echols cites a number of federal statutes and cases and makes numerous references 

to discrimination on the basis of his race. 

On June 16, 2015, Magistrate Judge Patricia T. Morris issued a report recommending that 

Plaintiff’s Complaint be dismissed sua sponte as to Defendants Kelly, 74th District Court in Bay 

City, and the Michigan State Housing Development Authority “because Plaintiff has failed to 

state a claim upon which relief can be granted with respect to those defendants.” Rep. & Rec. 1, 

ECF No. 6. Echols did not object to the Report. The Report was adopted and Defendants Kelly, 

74th District Court in Bay City, and the Michigan State Housing Development Authority were 

dismissed with prejudice. 

 

1

 Echols names a number of parties as Defendants in this matter. The list includes: Wingate Management, Inc., d/b/a 

Bradley House; Bradley House; Darla Penbroke; Tiffany Wright; Michigan State Housing Development Authority; 

Judge Timothy Kelly; and the 74th District Court in Bay City. It is possible that Echols intended to bring suit against 

additional parties since he includes “et al.” in his caption in numerous locations. The individuals listed are the only 

individuals identified, however. 

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On September 25, 2015, the remaining Defendants, Darla Penbroke, Tiffany Wright, 

Wingate Management, Inc., and Bradley House (“Moving Defendants”) filed a motion to 

dismiss. Judge Morris directed Echols to respond to the Moving Defendants’ motion. He did not. 

Judge Morris then directed Echols to show cause as to why his case should not be dismissed for 

failure to prosecute. Echols once more did not respond. 

On March 30, 2016, Judge Morris issued a Report recommending that the Moving 

Defendants’ motion be denied as moot and Echols’ case dismissed in its entirety for failure to 

prosecute. Echols did not file an objection to the Report. 

Although the Magistrate Judge’s report explicitly stated that the parties to this action may 

object to and seek review of the recommendations within fourteen days of service of the Report, 

neither Plaintiff nor Defendants filed any objections. The election not to file objections to the 

Magistrate Judge’s report releases the Court from its duty to independently review the record. 

Thomas v. Arn, 474 U.S. 140, 149 (1985). The failure to file objections to the report and 

recommendation waives any further right to appeal. 

Accordingly, it is ORDERED that the magistrate judge’s report and recommendation, 

ECF No. 21, is ADOPTED. 

It is further ORDERED that Defendants Bradley House, Wingate Management, Inc., 

Penbroke, and Wright’s Motion to Dismiss, ECF No. 16, is DENIED as moot. 

 It is further ORDERED that Plaintiff’s Complaint, ECF No. 1, is DISMISSED with 

prejudice. 

Dated: May 11, 2016 s/Thomas L. Ludington 

 THOMAS L. LUDINGTON 

 United States District Judge 

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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 May 11, 2016. 

 s/Michael A. Sian 

 MICHAEL A. SIAN, Case Manager 

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