Elawyers Elawyers
Ohio| Change

TOCARCHICK v. UAW REGION 1, 15-cv-11329. (2015)

Court: District Court, E.D. Michigan Number: infdco20150824867 Visitors: 8
Filed: Aug. 21, 2015
Latest Update: Aug. 21, 2015
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION (ECF #11), GRANTING DEFENDANT UAW REGION 1'S MOTION TO DISMISS (ECF #4), AND DISMISSING PLAINTIFF'S COMPLAINT (ECF #1) MATTHEW F. LEITMAN , District Judge . On January 22, 2015, Plaintiff Susan Tocarchick ("Tocarchick") filed a pro se Complaint in the Macomb County Circuit Court against Defendant UAW Region 1 and four other Defendants (the "Complaint"). ( See ECF #1 at 8-23, Pg. ID 8-23.) It appears that UAW Region 1 is the only Defendant Tocarch
More

ORDER ADOPTING REPORT AND RECOMMENDATION (ECF #11), GRANTING DEFENDANT UAW REGION 1'S MOTION TO DISMISS (ECF #4), AND DISMISSING PLAINTIFF'S COMPLAINT (ECF #1)

On January 22, 2015, Plaintiff Susan Tocarchick ("Tocarchick") filed a pro se Complaint in the Macomb County Circuit Court against Defendant UAW Region 1 and four other Defendants (the "Complaint"). (See ECF #1 at 8-23, Pg. ID 8-23.) It appears that UAW Region 1 is the only Defendant Tocarchick served with the Complaint. (See id. at 2, Pg. ID 2.) UAW Region 1 removed Tocarchick's action to this Court (see ECF #1), and it moved to dismiss the claims Tocarchick brought against it (the "Motion to Dismiss"). (See ECF #4.)

On July 30, 2015, Magistrate Judge David Grand issued a Report and Recommendation in which he recommended that the Court (1) grant the Motion to Dismiss and (2) dismiss Tocarchick's claims against all of the Defendants. (See ECF #11.) The R&R stated that the parties could seek review of the recommendation if they filed "specific written objections" within fourteen days. (See id. at 9-10, Pg. ID 179-180.)

Neither party has objected to the R&R. Failure to file objections to the R&R waives any further right to appeal. See Howard v. Sec'y of Health and Human Servs., 932 F.2d 505 (6th Cir. 1991); see also Smith v. Detroit Fed'n of Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987). Likewise, the failure to object to the R&R releases the Court from its duty to independently review the matter. See Thomas v. Arn, 474 U.S. 140, 149 (1985). The Court has nevertheless reviewed the R&R and agrees with the findings and conclusions of the Magistrate Judge.

Therefore, IT IS HEREBY ORDERED that the Magistrate Judge's July 30, 2015, Report and Recommendation (ECF #11) is ADOPTED as the Opinion of this Court; that the Motion to Dismiss (ECF #4) is GRANTED; and that Tocarchick's Complaint (ECF #1) is DISMISSED WITH PREJUDICE.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer