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Weathington v. City of Detroit

United States District Court, E.D. Michigan, Southern Division

June 17, 2015

JANINE WEATHINGTON, Plaintiff,
v.
CITY OF DETROIT, et. al., Defendants.

ORDER ADOPTING MAGISTRATE JUDGE HLUCHANIUK'S MAY 22, 2015 REPORT AND RECOMMENDATION

JOHN CORBETT O'MEARA, District Judge.

The court, pursuant to Rule 72(b) of the Federal Rules of Civil Procedure, 28 U.S.C. ยง 636(b)(1)(B), and LR 72.1(E.D. Mich. March 1, 2010), has reviewed Magistrate Judge Hluchaniuk's May 22, 2015 report and recommendation. No objections were filed. After conducting a de novo review, the court accepts the magistrate judge's report and recommendation as the court's findings and conclusions.

Accordingly, it is hereby ORDERED that Magistrate Judge Hluchaniuk's May 22, 2015 report and recommendation is ADOPTED.

It is further ORDERED that Defendants' motion (Dkt. 62), construed as an unenumerated Rule 12 (b) motion to dismiss, is GRANTED.

It is further ORDERED that Plaintiff IS GIVEN 30 days from the date of this order to amend the complaint and substitute a new class representative. If this cannot be accomplished, the amended complaint will be dismissed without prejudice for failure to exhaust administrative remedies.


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