Perez-Montijo v. Montcalm County Sheriff's Department, et al

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
LUIS JAVIER PEREZ- MONTIJO,
Plaintiff,
v.
UNKNOWN GRAHAM, et al.,
Defendants.
____________________________/
Case No. 1:26-cv-885
HON. JANE M. BECKERING
ORDER
Pending before the Court in this referred case is a March 25, 2026 Report and
Recommendation from the Magistrate Judge (ECF No. 8), recommending dismissal of Plaintiff’s
Complaint (ECF No. 1). On April 8, 2026, Plaintiff filed an unsigned Amended Complaint (ECF
No. 9), and the Magistrate Judge required him to submit a signature page (Order, ECF No. 10).
The Signature Page (ECF No. 11) has since been filed. 	Federal Rule of Civil Procedure 72
provides that in reviewing a magistrate judge’s recommendation, 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. C IV. P. 72(b)(3). Accordingly:
IT IS HEREBY ORDERED that this matter is returned to the Magistrate Judge to
consider 	whether 	Plaintiff’s 	Amended 	Complaint 	affects 	the 	Magistrate 	Judge’s 	prior
recommendation.
IT IS FURTHER ORDERED that the Report and Recommendation (ECF No. 8) is
DISMISSED as moot.
Dated: May 4, 2026
JANE M. BECKERING
United States District Judge
/s/ Jane M. Beckering
Case 1:26-cv-00885-JMB-SJB ECF No. 18, PageID.<pageID> Filed 05/04/26 Page 1
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