United States District Court, E.D. Michigan, Southern Division
Magistrate Judge, Anthony P. Patti
ORDER: (1) GRANTING PETITIONER'S MOTION FOR
RECONSIDERATION (DOC. # 45); AND (2)
ADOPTING AND ACCEPTING REPORT & RECOMMENDATION
IN PART AND RETURNING MATTER TO MAGISTRATE
JUDGE IN PART (DOC. # 33)
F. COX, U.S. DISTRICT JUDGE
Jeffrey Lee Bonga (“Plaintiff”), a prisoner
confined in the Michigan Department of Corrections St. Louis
Correctional Facility, filed a pro se complaint
against a number of defendants, seeking declaratory,
injunctive, compensatory, and punitive relief. (Doc. # 1).
All pretrial matters in this case were referred to Magistrate
Judge Anthony P. Patti for issuance of a Report and
Recommendation pursuant to 28 U.S.C. § 636(b)(1)(B).
(Doc. # 9).
filed two motions for preliminary injunctions in this case.
(Docs. # 3, 30). In his first motion, Plaintiff asks the
Court to order Defendants to approve and dispense certain
medications to Plaintiff for treatment of his alleged medical
needs. Plaintiff's second motion seeks the return of
Plaintiff's “legal material” that was
allegedly confiscated by Defendants. On May 10, 2017,
Magistrate Judge Patti issued a Report and Recommendation
(“R&R”) as to Plaintiff's motions. (Doc.
# 33, R&R). Magistrate Judge Patti's R&R
recommends that the Court deny Plaintiff's motions
6, 2017, this Court entered an Order Adopting Magistrate
Judge Patti's R&R, noting that Plaintiff had not
filed an objection to the R&R within the time permitted
by Federal Rule of Civil Procedure 72. (Doc. # 40).
filed objections to the R&R on June 7, 2017. (Doc. # 42,
Pl.'s Objs.”). On June 16, 2017, Plaintiff also
filed a Motion for Reconsideration of this Court's Order
Adopting Magistrate Judge Patti's R&R. (Doc. # 45).
In it, Plaintiff states that he “gave proper prison
authorities his Objections to the Magistrate's Report and
Recommendations” within the time specified by Rule 72
and asks the Court to consider his objections. The Court
shall GRANT Plaintiff's Motion for Reconsideration.
before the Court are Plaintiff's Objections to Magistrate
Judge Patti's R&R. Plaintiff has lodged 6 objections
to the R&R. Defendants have not responded to
Plaintiff's objections and the time to do so has passed.
reasons outlined below, the Court ACCEPTS & ADOPTS the
R&R IN PART and RETURNS to the Magistrate for further
consideration IN PART. The Court adopts the R&R except to
the extent that the R&R recommends that the Court deny
without prejudice Plaintiff's first request for
injunctive relief (Doc. # 3) as to Defendant Borgerding.
Because Defendant Borgerding has now appeared in this action,
the Court shall RETURN this issue to Magistrate Judge Patti
for further consideration. The R&R is adopted in all
to Federal Rule of Civil Procedure 72(b), a party objecting
to the recommended disposition of a matter by a Magistrate
Judge must file objections to the R&R within fourteen
(14) days after being served with a copy of the R&R.
Fed.R.Civ.P. 72(b)(2). Objections must “(A) specify the
part of the order, proposed findings, recommendations, or
report to which a person objects; and (B) state the basis for
the objection.” E.D. Mich. LR 72.1(d).
are not “a second opportunity to present the argument
already considered by the Magistrate Judge.”
Betancourt v. Ace Ins. Co. of Puerto Rico, 313
F.Supp.2d 32, 34 (D.P.R. 2004). Moreover, the district court
should not consider arguments that have not first been
presented to the magistrate judge. See Stonecrest
Partners, LLC v. Bank of Hampton Roads, 770 F.Supp.2d
778, 785 (E.D. N.C. 2011).
district judge must determine de novo any part of the
magistrate judge's disposition that has been properly
objected to. The district judge may accept, reject, or modify
the recommended disposition; receive further evidence; or
return the matter to the magistrate judge with
instructions.” Fed.R.Civ.P. 72(b)(3).
# 1. Plaintiff first objects to Magistrate Judge Patti's
assertion that Plaintiff brought the instant suit against six
defendants. (Pl.'s Objs. at p. 1). Plaintiff argues that
he recently filed an amended complaint, which names eight
defendants. Plaintiff's objection is without merit.
Simply put, Plaintiff disregards the fact that the Magistrate
Judge's R&R was issued be ...