DENISE PAGE HOOD, Chief District Judge.
This matter is before the Court on a Report and Recommendation (Doc # 50) filed by Magistrate Judge Mona K. Majzoub on Defendants' Motion for Summary Judgment (Doc # 33), and Defendants' Ex Parte Sealed Motion for Order Permitting Them to Take John Doe Deposition (Doc # 38). To date, no objections were filed to the Report and Recommendation and the time to file such has passed.
The standard of review by the district court when examining a Report and Recommendation is set forth in 28 U.S.C. § 636. This Court "shall make a de novo determination of those portions of the report or the specified proposed findings or recommendations to which an objection is made." 28 U.S.C. § 636(b)(1)(C). The court "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." Id. In order to preserve the right to appeal the magistrate judge's recommendation, a party must file objections to the Report and Recommendation within fourteen (14) days of service of the Report and Recommendation. Fed. R. Civ. P. 72(b)(2). Failure to file specific objections constitutes a waiver of any further right of appeal. Thomas v. Arn, 474 U.S. 140, 155 (1985); Howard v. Sec'y of Health & Human Servs., 932 F.2d 505, 508-09 (6th Cir. 1991); United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981).
After review of the Magistrate Judge's Report and Recommendation, the Court finds that her findings and conclusions are correct. The Court agrees with the Magistrate Judge that the Taylor Police Department is not a proper defendant in this matter and should be dismissed. The Court agrees that 18 U.S.C. § 241 and 18 U.S.C. § 242 do not provide Plaintiff with a private cause of action. The Court further agrees with the Magistrate Judge that Plaintiff's malicious prosecution Section 1983 claim fails because Plaintiff has failed to set forth any factual allegations or evidence to show that there was a lack of probable cause for the prosecution.
Accordingly,
IT IS ORDERED that Magistrate Judge Mona K. Majzoub's Report and Recommendation (Doc # 50) is ACCEPTED and ADOPTED as this Court's findings of fact and conclusions of law.
IT IS FURTHER ORDERED that Defendants' Motion for Summary Judgment (Doc # 33) is GRANTED for the reasons set forth above.
IT IS FURTHER ORDERED that Defendants' Defendants' Ex Parte Sealed Motion for Order Permitting Them to Take John Doe Deposition (Doc # 38) is DENIED AS MOOT.
IT IS FURTHER ORDERED that this action is DISMISSED with prejudice.