Nelson v. Highland Park, City of et al

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
Robert F. Nelson, Jr.,
Plaintiff,
v.
City of Highland Park, et al.,
Defendants.
________________________________/
Case No. 25-11246
Judith E. Levy
United States District Judge
Mag. Judge Curtis Ivy, Jr.
ORDER ADOPTING REPORT AND RECOMMENDATION IN
PART [26] AND DISMISSING COMPLAINT WITHOUT
PREJUDICE
Before the Court is Magistrate Judge Curtis Ivy, Jr.’s Report and
Recommendation recommending the Court dismiss the complaint with
prejudice under Federal Rule of Civil Procedure 41(b) and to deny as moot
Defendants Adriene Brinkley, Officer Butler, John Doe, City of Highland
Park, and James McMahan’s motion to dismiss. (ECF No. 22.)
The parties were required to file specific written objections, if any,
within 14 days of service. Fed. R. Civ. P. 72(b)(2); E.D. Mich. L.R. 72.1(d).
No objections were filed. The Court has nevertheless carefully reviewed
the Report and Recommendation and concurs in the reasoning. However,
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the Court will dismiss the complaint without prejudice, not with
prejudice.
Accordingly, the Report and Recommendation (ECF No. 26) is
ADOPTED IN PART, Defendants’ motion to dismiss is DENIED AS
MOOT (ECF No. 22), and this case is hereby DISMISSED WITHOUT
PREJUDICE.1
IT IS SO ORDERED.
Dated: October 22, 2025 	s/Judith E. Levy
Ann Arbor, Michigan 	JUDITH E. LEVY
United States District Judge
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 October 22, 2025.
s/William Barkholz
WILLIAM BARKHOLZ
Case Manager
1 By failing to object to the Report and Recommendation, the parties have
forfeited any further right of appeal. United States v. Wandahsega, 924 F.3d 868, 878
(6th Cir. 2019); see also Berkshire v. Beauvais, 928 F.3d 520, 530 (6th Cir. 2019).
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