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 AS TO DEFENDANTS MICHIGAN STATE HOUSING 

DEVELOPMENT AUTHORITY, 74TH DISTRICT COURT, AND JUDGE TIMOTHY 

KELLY 

 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. Judge Morris first noted that the only statutes under which Echols could plausibly be 

bringing his claims, despite widely citing to a number of federal enactments, are 42 U.S.C. 

 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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§ 1982 and the Fair Housing Act, 42 U.S.C. § 3601ff. Rep. & Rec. 3, ECF No. 6. Judge Morris 

further determined that the Michigan State Housing Development Authority, the 74th District 

Court in Bay City, and District Judge Kelly all enjoy immunity which Echols is unable to 

overcome on the basis of the facts alleged in his complaint. Id. at 3. For that reason, Judge 

Morris recommended dismissing Echols’ complaint as to those three defendants. She also found 

that Echols’ complaint passes initial in forma pauperis screening as to all other Defendants 

because he makes at least facially acceptable claims of intentional race discrimination. 

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. 6, is ADOPTED. 

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

prejudice as to Defendants Michigan State Housing Development Authority, the 74th District 

Court in Bay City, and Judge Timothy Kelly. 

Dated: September 1, 2015 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 September 1, 2015. 

 s/Karri Sandusky 

 Karri Sandusky, Acting Case Manager 

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