Villanueva v. Washington et al

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JOSE VILLANUEVA,
Plaintiff, 	Case No. 23-12872
Hon. Jonathan J.C. Grey
v. 	Magistrate Judge Elizabeth A. Stafford
SHAQUILLE COLEMAN,
Defendant.
_________________________________/
ORDER ADOPTING REPORT AND
RECOMMENDATION (ECF No. 52), DISMISSING
DEFENDANT SHAQUILLE COLEMAN, AND
DISMISSING PLAINTIFF’S CAUSE OF ACTION
Pro se plaintiff Jose Villanueva filed this 42 U.S.C. § 1983 lawsuit
against multiple named and unnamed defendants arising out of his
detention at the Parnall Correctional Facility in Jackson, Michigan.
(ECF No. 1). The Court previously dismissed all defendants except
defendant Shaquille Coleman from this action. This matter comes before
the 	Court 	on 	Magistrate 	Judge 	Elizabeth 	A. 	Stafford’s 	Report 	and
Recommendation dated October 14, 2025. (ECF No. 52.) In the Report
and Recommendation, the Magistrate Judge recommends that the Court
dismiss Villanueva’s claim against Coleman for failure to prosecute and
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deny 	as 	moot 	Coleman’s 	motion 	for 	summary 	judgment. 	(Id. 	at
PageID.276, 279.) No party has filed an objection to the Report and
Recommendation.1
The Court has had an opportunity to review this matter and finds
that the Magistrate Judge reached the correct conclusions for the proper
reasons. 	Finding 	no 	error 	in 	the 	Magistrate 	Judge’s 	Report 	and
Recommendation, the Court adopts the Report and Recommendation in
its entirety. Furthermore, as neither party has raised an objection to the
Report and Recommendation, the Court finds that the parties have
waived any further objections to the Report and Recommendation. Smith
v. Detroit Fed’n of Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987)
(a party’s failure to file any objections waives his or her right to further
appeal); Thomas v. Arn, 474 U.S. 140, 149 (1985).
For the reasons stated above, IT IS ORDERED that the Report
and Recommendation dated October 14, 2025 (ECF No.52) is ADOPTED
as this Court’s findings of fact and conclusions of law.
1 Villanueva did not respond to the last two motions filed by Coleman, and some but
not all recent orders sent by the Court to Villanueva at the address he recently
provided to the Court (see ECF No. 48) have been returned as undeliverable. (See
ECF Nos. 46, 49, 50, 53.)
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IT IS FURTHER ORDERED that Villanueva’s claim against
defendant Shaquille Coleman is DISMISSED.
IT IS FURTHER ORDERED that Coleman’s motion for summary
judgment (ECF No. 43) and motion to stay (ECF No. 47) are DENIED
AS MOOT.
IT IS FURTHER ORDERED that, as all defendants have been
dismissed from this cause of action, Villanueva’s cause of action is
DISMISSED.
SO ORDERED.
s/Jonathan J.C. Grey
JONATHAN J.C. GREY
Dated: November 3, 2025 	UNITED STATES DISTRICT JUDGE
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Certificate of Service
The undersigned certifies that the foregoing document was served upon
counsel of record and any unrepresented parties via the Court’s ECF
System to their respective email or First-Class U.S. mail addresses
disclosed on the Notice of Electronic Filing on November 3, 2025.
s/ S. Osorio
Sandra Osorio
Case Manager
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