Report and Recommendation

Motions to Dismiss

1 Dorise v. Cummings; Case No. 09-10042

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

NORMAN DORISE, Case No. 09-10042

Plaintiff, Marianne O. Battani

 United States District Judge

vs.

Michael Hluchaniuk

ELLA BULLEA CUMMINGS, et al., United States Magistrate Judge

Defendants.

 /

REPORT AND RECOMMENDATION

PLAINTIFF’S MOTION TO DISMISS (Dkt. 87) AND

DEFENDANTS’ MOTIONS TO DISMISS (Dkt. 77, 78, 83)

Plaintiff, an inmate currently at the Chippewa Correctional Facility, brings

this action under 42 U.S.C. § 1983, claiming violations of his rights under the

United States Constitution. (Dkt. 1). Plaintiff alleges that certain City of Detroit

police officers used excessive force on him and that other defendants failed to

properly train and supervise those officers. Id. On May 8, 2009, this case was

referred to the undersigned for all pretrial purposes by District Judge Marianne O.

Battani. (Dkt. 11). 

On May 3, 2010, plaintiff filed a document entitled “Motion to Dismiss

Defendant’s from Amend Complaint.” (Dkt. 87). Plaintiff seeks to voluntarily

dismiss defendants James Fitz, Maurice Getteno, John Mozak, Sheldon Lloyd,
Report and Recommendation

Motions to Dismiss

2 Dorise v. Cummings; Case No. 09-10042

Dale Collins, Jo Miller, Melvin Chaney, Michael Jordan, and Ella Cummings from

this lawsuit. Each of these defendants have filed motions to dismiss. (Dkt. 77, 78,

83). 

Based on the foregoing, the undersigned RECOMMENDS that the Court

treat plaintiff’s motion as a motion for voluntary dismissal under Rule 41, that

plaintiff’s motion be GRANTED and the above referenced defendants be

DISMISSED from this case, and that defendants’ motions to dismiss be DENIED

as moot. 

The parties to this action may object to and seek review of this Report and

Recommendation, but are required to file any objections within 14 days of service,

as provided for in Federal Rule of Civil Procedure 72(b)(2) and Local Rule

72.1(d). Failure to file specific objections constitutes a waiver of any further right

of appeal. Thomas v. Arn, 474 U.S. 140 (1985); Howard v. Sec’y of Health and

Human Servs., 932 F.2d 505 (6th Cir. 1981). Filing objections that raise some

issues but fail to raise others with specificity will not preserve all the objections a

party might have to this Report and Recommendation. Willis v. Sec’y of Health

and Human Servs., 931 F.2d 390, 401 (6th Cir. 1991); Smith v. Detroit Fed’n of

Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987). Pursuant to Local Rule

72.1(d)(2), any objections must be served on this Magistrate Judge.
Report and Recommendation

Motions to Dismiss

3 Dorise v. Cummings; Case No. 09-10042

Any objections must be labeled as “Objection No. 1,” “Objection No. 2,”

etc. Any objection must recite precisely the provision of this Report and

Recommendation to which it pertains. Not later than 14 days after service of an

objection, the opposing party may file a concise response proportionate to the

objections in length and complexity. Fed.R.Civ.P. 72(b)(2), Local Rule 72.1(d). 

The response must specifically address each issue raised in the objections, in the

same order, and labeled as “Response to Objection No. 1,” “Response to Objection

No. 2,” etc. If the Court determines that any objections are without merit, it may

rule without awaiting the response.

Date: May 11, 2010 s/Michael Hluchaniuk 

Michael Hluchaniuk

United States Magistrate Judge

CERTIFICATE OF SERVICE

I certify that on May 11, 2010, I electronically filed the foregoing paper with

the Clerk of the Court using the ECF system, which will send electronic

notification to the following: John A. Schapka and Nellie J.L. Lee, and I certify

that I have mailed by United States Postal Service the paper to the following nonECF participant(s): Norman Dorise, # 653633, KINROSS CORRECTIONAL

FACILITY, 16770 S. Watertower Drive, Kincheloe, MI 49788.

s/Tammy Hallwood 

Case Manager

U.S. District Court

600 Church Street

Flint, MI 48502

(810) 341-7887

tammy_hallwood@mied.uscourts.gov